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Tampa City Council
Thursday, August 7, 2008
9:00 a.m. session

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[Sounding gavel]
09:06:20 >>THOMAS SCOTT: City council will now come to order.
09:06:25 The chair will now turn it over to the honorable Gwen
09:06:28 Miller.
09:06:28 >> Thank you, Mr. Chairman.
09:06:29 We have with us this morning Ms. Desiree Valdes, the
09:06:33 former legislative synth for former council member
09:06:37 Alvarez.
09:06:38 She now holds the position of secretary of
09:06:43 Hillsborough County school system at wells Jr. high
09:06:47 school.
09:06:47 Desiree has always volunteered her time to community
09:06:52 endeavors, endeavors such as serving meals in the
09:06:56 meals on wheels program, and acting as a business
09:06:59 sister, and a big sister-brother program.
09:07:02 She presently serves as president of the neighborhood
09:07:04 association, the river Heights Civic Association.
09:07:08 And we are very happy to hear back with us, and we
09:07:13 would like to thank you for coming.
09:07:15 Please stand and remain standing for the pledge of
09:07:17 allegiance.
09:07:21 >>> Thank you so much.
09:07:22 Good morning.
09:07:23 Let us pray.
09:07:24 Heavenly father, we ask that you be with us today and
09:07:31 always as you watch over oar beautiful city.
09:07:34 Lord, the strength and courage received on AP daily
09:07:36 basis can only be attained by that will always be for
09:07:44 our highest and best.
09:07:45 Father, we ask that you watch over these council
09:07:47 members and give them the clarity and wisdom to lead
09:07:50 onward to the many decisions we have elected them to.
09:07:53 Bless all those who enter these chambers.
09:07:55 May they also receive the clarity that they seek.
09:07:58 And as we remember those near and far fighting for
09:08:02 freedom, and for our loved ones who have passed on
09:08:05 before us, we pray for peace.
09:08:08 God, we give thanks to the many blessings you have
09:08:10 bestowed on us, for all this in your name.
09:08:14 Amen.
09:08:37 >>THOMAS SCOTT: Roll call.
09:08:38 >>CHARLIE MIRANDA: Here.
09:08:38 >>JOHN DINGFELDER: Here.
09:08:38 >>GWEN MILLER: Here.
09:08:41 >>LINDA SAUL-SENA: Here.
09:08:41 >>MARY MULHEREN: Here.
09:08:45 >>THOMAS SCOTT: Here.
09:08:46 Also, we have a memorandum from councilman Joseph
09:08:49 Caetano, notification of absence, please be advised
09:08:53 that I will not be able to attend any meeting between
09:08:55 August 4, 2008, through August 8th, 2008.
09:09:00 I will be out of town.
09:09:03 Thank you in advance for your attention to this
09:09:04 matter.
09:09:05 This is from councilman Joseph Caetano.
09:09:09 >>CHARLIE MIRANDA: Move to receive and file.
09:09:10 >>LINDA SAUL-SENA: Second.
09:09:11 >>THOMAS SCOTT: I will again turn it over to Gwen
09:09:18 Miller.
09:09:20 >>GWEN MILLER: It's a pleasure for me today to
09:09:22 introduce this young lady, visiting with me, finding
09:09:25 out more about city government, and she is an eleventh
09:09:30 grade student at Jefferson high school, and we are
09:09:32 very proud of her.
09:09:33 She's a very good student and I'm very happy to have
09:09:36 her with us this morning.
09:09:37 >> Welcome.
09:09:45 >>GWEN MILLER: Want ton say something?
09:09:49 >> No.
09:09:50 >>THOMAS SCOTT: Welcome and glad to have you here.
09:09:52 Thank you, Ms. Miller.
09:09:54 We will have now the approval of the agenda.
09:10:02 >>MARTIN SHELBY: (off microphone)
09:10:05 So with regard to new business, you have received a
09:10:19 memo or e-mail from Olivia Wilson, legislative aide to
09:10:26 CRA chair Miller.
09:10:27 Ms. Mill her, did you want to discuss that under new
09:10:30 business?
09:10:30 >>GWEN MILLER: We can at that time up now.
09:10:32 We need to keep this on the same date, because coming
09:10:35 back on the 14th, it just doesn't make sense.
09:10:39 We will have three or four resolutions to pass.
09:10:42 So we can do those in about five or ten minutes on
09:10:45 that date so I'm asking we reschedule it back on the
09:10:49 21st.
09:10:50 >>LINDA SAUL-SENA: Second?
09:10:51 >>CHARLIE MIRANDA: So moved.
09:10:53 >>MARTIN SHELBY: Council, if I can, with regard to the
09:10:55 21st, did you want to still keep it at the time it
09:10:59 was originally scheduled just as a remainder, if you
09:11:02 refer to the bottom of the first page of the calendar
09:11:04 on the pink pages?
09:11:09 Under your original adoption of the calendar in
09:11:11 October, that's when the CRA was placed on that date.
09:11:15 Subsequent to that, you had public hearings under your
09:11:20 rules of procedure for 1:30 in the afternoon.
09:11:22 That's why the conflict exists.
09:11:24 You presently have nine wet zonings at 1:30, one

09:11:27 closure public hearing at 1:30 and one VRB appeal at
09:11:31 1:30 so if council wishes to have the CRA on that day
09:11:34 again, perhaps you can take into account the conflict,
09:11:38 and perhaps reset the CRA to a different time, or if
09:11:41 you do set for that time have the understanding when
09:11:43 the CRA is over, then you take up the hearings, or
09:11:46 vice versa.
09:11:47 >>GWEN MILLER: We can't do it earlier because there
09:11:51 are three or four resolutions to pass and that's it,
09:11:55 we will be finished.
09:11:56 The budget does not have to be read until September.
09:11:59 >>LINDA SAUL-SENA: You're saying 1:30?
09:12:01 >>GWEN MILLER: 1:00 to 1:30.
09:12:03 At 10:00 -- historic preservation, that doesn't take
09:12:12 long, does it?
09:12:14 So if you want to do it earlier, you can do the first
09:12:17 thing at 1:30.
09:12:19 >>THOMAS SCOTT: Let me make a suggestion, that why
09:12:23 don't we look at this and bring it back?
09:12:25 And we are making things on the spur of the moment and
09:12:34 we need to really, really make sure in the future that
09:12:36 we have our calendars for discussion before we move

09:12:40 things.
09:12:41 We made this motion to move this at our last meeting,
09:12:44 without really looking at our agenda.
09:12:46 So I think that maybe perhaps we need to take the time
09:12:50 to look at it, look at the schedule, and then come
09:12:53 back later on.
09:12:56 A motion to have it.
09:12:58 We just need to set the time.
09:12:59 >>GWEN MILLER: We just rush in, because changing it
09:13:05 has put the CRA, you know, in a bad position, because
09:13:08 we cannot do the budget in that short period of time.
09:13:12 >>LINDA SAUL-SENA: Thank you.
09:13:15 I believe that council acting as the CRA has made
09:13:20 wonderful strides in this last year, by giving
09:13:23 ourselves a special day for the CRA meetings, we have
09:13:26 devoted much more time to it, we have given it the
09:13:29 attention that it merits, given that we have nine
09:13:32 districts, each with significant budgets.
09:13:34 And I don't want us to lose ground.
09:13:45 And what I would prefer, Madam Chairman, if there's
09:13:49 certain options that you feel needs a full board
09:13:52 attention, then we can skull that for the following

09:13:54 week.
09:13:54 But even if a few of us can have additional time on
09:14:02 the 14th, I just don't want to give our
09:14:05 responsibility short shrift, and I think with the
09:14:09 Strand decision precluding us from bonding the CRA
09:14:12 money, our staff is in a tough position because they
09:14:15 basically have to come up with two different budgets.
09:14:18 This requires thought and concern, and I just don't
09:14:21 want us to not allow ourselves adequate time, and I
09:14:24 would just like to ask among the council members here
09:14:27 who isn't available, because it's my understanding
09:14:29 that the reason we wouldn't have this on the 14th
09:14:31 is because the staff isn't ready to provide us with
09:14:34 the entire budget.
09:14:35 But I think it would still be valuable for us to have
09:14:37 a CRA meeting to allow the CRA neighborhood
09:14:41 representatives speak to us, to allow us to look at
09:14:44 different facets of our responsibility.
09:14:47 I don't want us to not have it just because the staff
09:14:51 isn't fully prepared at that moment.
09:14:53 >>THOMAS SCOTT:
09:14:56 >>GWEN MILLER: It's not the staff.

09:14:57 That too.
09:14:57 But coming to the council for just 15 minutes, we only
09:15:02 have 3 or 4 resolutions to pass.
09:15:04 >>LINDA SAUL-SENA: I'm saying, that's exactly it,
09:15:08 Madam Chairman.
09:15:09 We are not just going to respond to what staff has to
09:15:11 bring to us.
09:15:12 I want us to bring things that we know.
09:15:14 For example, one of the things that was on our agenda
09:15:16 for August is the arts study that, you know, we have
09:15:20 been given before, and we were told, well, we can't
09:15:24 pass in the July because we didn't advertise it, but
09:15:26 we can look at it in August.
09:15:28 We need to spend time on these things.
09:15:29 And I think if we can get a quorum, four people, then
09:15:33 we should give ourselves that time to do the CRA.
09:15:36 That's my feeling.
09:15:39 >>MARY MULHERN: A couple things.
09:15:40 My first suggestion was going to be just in general
09:15:43 regarding rescheduling things.
09:15:45 If we did it at the end of our meetings, on new
09:15:51 business, we would have everything that came up during

09:15:53 the meeting that we need to reschedule, not
09:15:57 continuances but things like this.
09:15:59 Just a thought.
09:16:00 Because we spend all this time doing this and it's not
09:16:04 really helpful for, I don't know, for the public.
09:16:09 The other thing Christina just reminded me that I will
09:16:12 not be here on the 14th because I am going to
09:16:14 League of Cities.
09:16:22 >>GWEN MILLER: I won't be here either.
09:16:24 >> In the morning.
09:16:25 >>THOMAS SCOTT: The motion and second is we reschedule
09:16:28 it to the time originally.
09:16:29 I suggest we vote on that motion, Mr. Shelby, and the
09:16:32 chairman of CRA can take a look and bring it back to
09:16:35 us at the end of the day maybe.
09:16:38 >>MARY MULHERN: When was that?
09:16:40 >> 21st, and it was scheduled in the morning,
09:16:43 wasn't it?
09:16:43 >>GWEN MILLER: 1:30.
09:16:46 >>THOMAS SCOTT: Just look at our morning schedule, and
09:16:48 you, chairman, can just -- I think we can bring it
09:16:52 back on that particular day.

09:16:54 On the motion all in favor?
09:16:59 >>JOHN DINGFELDER: So there's no night session on the
09:17:01 21st.
09:17:02 >>GWEN MILLER: No.
09:17:04in favor signify by
09:17:06Aye.
09:17:07 Opposes?
09:17:08 Okay.
09:17:08 So moved.
09:17:09 So at the end of the day you can bring that back to
09:17:11 us.
09:17:12 Okay?
09:17:13 >>MARTIN SHELBY: For the setting of the time.
09:17:16 >>THOMAS SCOTT: Right, for the setting of the time.
09:17:17 We need to move forward.
09:17:18 >>MARTIN SHELBY: Council, with regard to items 31 and
09:17:23 32, I would ask that you take those up when you get to
09:17:26 those.
09:17:26 Those are time certains.
09:17:27 With regard to item number 33, which is under staff
09:17:31 reports and unfinished business, you received
09:17:33 memorandums from chief assistant city attorney Sal
09:17:36 Territo asking that this item be removed from the

09:17:39 agenda, and also requesting a motion that require
09:17:43 updates to be provided only when new information
09:17:45 becomes available.
09:17:46 I believe what was a standing motion was to provide
09:17:49 quarterly reports.
09:17:50 And that's the request.
09:17:51 If you wish to take that up now, or you could hold it.
09:17:57 >>THOMAS SCOTT: Why don't we go down the changes?
09:17:59 Let's cover all the changes and then cover it in one
09:18:02 motion.
09:18:04 >>MARTIN SHELBY: Okay.
09:18:05 That's one request.
09:18:06 You also have a request from assistant city attorney
09:18:11 Julia Cole requesting continuance of solicitation on
09:18:14 the city streets rights-of-way issue to September
09:18:17 18th, 2008.
09:18:18 You also have a memorandum from Cynthia Miller
09:18:21 requesting postponement. Status report on Ashton
09:18:24 Woods to August 21st of '08.
09:18:28 And you have item 41 a time certain, but that would be
09:18:33 removed from the agenda when that time comes.
09:18:35 We can hold that.

09:18:36 Again, just so that you know, at 9:30 you will have a
09:18:39 presentation on the budget from the mayor.
09:18:42 Item 34, you have a memorandum from Cynthia Miller
09:18:47 regarding how the citizens better work to ensure that
09:18:51 historic preservation issues can better be addressed
09:18:54 before certificates of occupancy are granted, the
09:18:57 motion to ask somebody to appear F.council wishes to
09:18:59 have that desire remain then you can take the issue up
09:19:02 at that time.
09:19:02 If you wish to have a determination of that item 34
09:19:07 satisfies the request and not have to have staff
09:19:09 appear then that would have to be taken up this
09:19:11 morning.
09:19:12 Otherwise that item would remain on the agenda.
09:19:14 Council, I believe that is what you have before you,
09:19:18 unless there are any other additions or deletions or
09:19:21 corrections or items to be removed.
09:19:23 >>LINDA SAUL-SENA: Thank you, Mr. Chairman.
09:19:26 I would like to have -- I don't want to just remove
09:19:29 item 33 without a short discussion with Mr. Territo.
09:19:33 And item 34 I would very much like a staff person to
09:19:36 be here to discuss it.

09:19:37 >>SAL TERRITO: Legal department.
09:19:48 Apparently the last time this report was made to you
09:19:51 three months ago when Mr. Smith had the report, the
09:19:54 consensus seemed to be we didn't need to have her come
09:19:57 back every three months, that when we had new
09:19:59 information available we would bring that before you.
09:20:02 But there was never a motion taken to address that
09:20:04 issue.
09:20:05 So what we are trying to do is clarify the fact that
09:20:07 if you didn't want it to come back every three months
09:20:10 because you thought there was no new information then
09:20:13 put that on the record.
09:20:15 Otherwise it's going to appear he have time whether
09:20:18 there's something new to give you or not.
09:20:25 >>LINDA SAUL-SENA: I'm very pleased we have a new
09:20:28 energy and focus on code enforcement.
09:20:31 We have as you know a considerable ways to go in terms
09:20:33 of improving our collections.
09:20:35 To that end, council is very interested in how we are
09:20:37 doing.
09:20:38 I think it's valuable for us to receive quarterly
09:20:40 reports to keep our eye on the ball.

09:20:42 So I would like to continue to have quarterly reports,
09:20:46 specifically on how we are doing in terms of
09:20:49 enforcement, you know, open cases, closed, that sort
09:20:54 of thing.
09:20:57 >>MARY MULHERN: I agree with Councilwoman Saul-Sena.
09:20:59 And I also wanted to point out that this was
09:21:03 councilman's Caetano's request, and he did a
09:21:07 considerable amount of research on this, and I think
09:21:10 that we shouldn't even vote to change this without him
09:21:15 here and vote on it.
09:21:18 So maybe we can -- unless we want to vote to continue
09:21:22 as is, at least wait for him to be here to vote on it.
09:21:25 >>JOHN DINGFELDER: Defer for a couple of weeks until
09:21:29 he gets back?
09:21:30 >> You really don't have to do that but you can go
09:21:32 ahead and vote you want a quarterly report because
09:21:35 that was his intent.
09:21:37 You're just sustaining his motion to do that.
09:21:41 >>MARY MULHERN: All right.
09:21:42 >>SAL TERRITO: There will not be one today because no
09:21:44 one is ready to give a report today.
09:21:46 If you want to continue that.

09:21:47 I just want to clarify what was in that particular
09:21:49 motion so it wouldn't automatically come back every
09:21:51 time if that's not what you want.
09:21:54 >>THOMAS SCOTT: Why don't we go ahead and receive a
09:21:55 motion to vote for the changes, and item 33 and item
09:22:01 34, strike those out and then move the rest of the
09:22:04 changes.
09:22:10 (Motion carried).
09:22:11 So moved.
09:22:12 So then we need a different motion for item 33.
09:22:15 >>LINDA SAUL-SENA: Move to continue with the quarterly
09:22:19 reports on outstanding code violations.
09:22:21 Actually, outstanding code violations, the number of
09:22:25 cases opened, the number of cases closed and the total
09:22:28 receipts.
09:22:30 >>THOMAS SCOTT: Okay.
09:22:31 >>MARY MULHERN: Could I add that we'll continue
09:22:33 today's report until our next council meeting?
09:22:37 >>LINDA SAUL-SENA: Yes.
09:22:38 >>MARY MULHERN: So we aren't waiting another three
09:22:40 months.
09:22:51 >> (off microphone) so my suggestion would be

09:22:58 ultimately if council does decide to set it for an
09:23:01 alternate date that the administration is proposing
09:23:03 for September 4th in the morning.
09:23:05 It may be more appropriate that we would continue this
09:23:10 to the 18th.
09:23:11 >>LINDA SAUL-SENA: Fine.
09:23:13 >>THOMAS SCOTT: 18th.
09:23:14 >>JOHN DINGFELDER: So 33 just continuing it?
09:23:22 >> Yes.
09:23:22 Clarifying that there will be continuing reports every
09:23:25 three months and to continue this item report to the
09:23:28 18th.
09:23:29 That's the motion.
09:23:29 Okay?
09:23:30 All in favor of the motion signify by saying Aye.
09:23:32 Opposes?
09:23:33 Okay.
09:23:33 Then item 34, I believe councilman Saul-Sena still
09:23:38 wished that Ms. Miller appear this morning for staff
09:23:42 report so hopefully she is watching this and knows --
09:23:46 >>GWEN MILLER: She's coming in now.
09:23:48 >>THOMAS SCOTT: So item 34.

09:23:50 >>CINDY MILLER: Director growth management services.
09:23:54 Dennis Fernandez is here for that.
09:24:01 >>THOMAS SCOTT: Okay.
09:24:01 Is there anything we need to take up this morning, any
09:24:04 items?
09:24:06 >>JOHN DINGFELDER: 36.
09:24:11 >>MARTIN SHELBY: I'm sorry to interrupt, there's a
09:24:12 housekeeping matter.
09:24:13 There's been a request to take item 40, the appeal
09:24:16 hearing regarding 2117 Rio vista Avenue, switch the
09:24:23 order, and that's the request of administration.
09:24:26 And I believe that's also been requested of the staff.
09:24:33 >>THOMAS SCOTT: Item number 40?
09:24:39 Don't need a motion for that, do we?
09:24:42 Just when we get to it, might want to make a note of
09:24:47 that.
09:24:47 Why don't we also take up the issues since we still
09:24:50 have a few minutes before the mayor comes in, why
09:24:52 don't we take up the issue about the union contract,
09:24:57 the fire union contracts?
09:25:00 >>JOHN DINGFELDER: Firemen?
09:25:01 >>MARTIN SHELBY: If you refer to your pink sheet of

09:25:10 the calendar, the council did schedule a special
09:25:13 called meeting for 10 a.m. on Friday, August 22nd, to
09:25:17 discuss the firefighters contract.
09:25:23 I have been informed the fire chief -- I don't know if
09:25:31 the fire chief -- I'm sorry.
09:25:34 We are discussing a request.
09:25:35 I received a call from the chief of staff Darrell
09:25:40 Smith who suggested there is a concern with the chief
09:25:43 and his availability on the 22nd.
09:25:46 As an alternate date suggested perhaps during the
09:25:49 daytime of September 4th when council is in
09:25:54 session in its regular meeting.
09:25:55 If you wish to take it up as to why that is.
09:26:02 >>THOMAS SCOTT: Did you want to address that?
09:26:05 Do you want to state your name for the record please?
09:26:07 >>> Dennis Jones, Tampa Fire Rescue.
09:26:10 Thank you.
09:26:10 We have a staff retreat scheduled for that day, and a
09:26:14 lot of planning that went into that.
09:26:16 However, at the will of the council and the parties, I
09:26:19 will do whatever we need to do to accommodate the
09:26:21 schedule.

09:26:22 >>JOHN DINGFELDER: Can we join you sometimes?
09:26:24 We'd like to retreat.
09:26:28 All right.
09:26:28 So September 4th.
09:26:32 >>MARTIN SHELBY: The suggestion that has been made is
09:26:36 that because you only have -- you have a very large
09:26:39 schedule on September 4th.
09:26:42 You have one ordinance set for second reading at 9:30.
09:26:46 You have one closure first public hearing at 10 a.m.
09:26:50 If council wishes to take up that matter, you can move
09:26:54 the staff reports and unfinished business.
09:26:57 Presently you have four items on September --
09:27:01 Before we go there let me just say that we have batted
09:27:05 this ball around too long.
09:27:10 We went down twice, one for the 22nd and I moved it in
09:27:15 order to be here.
09:27:16 I'm really tired of playing these games.
09:27:18 We need to set this meeting and move forward, whoever
09:27:21 is going to be here required.
09:27:24 I don't know if the fire chief is required to be here.
09:27:27 I was under the impression the administration from
09:27:30 human resources, those who negotiated the contract,

09:27:33 were the key persons.
09:27:35 I stand to be corrected, you know.
09:27:39 My point is -- my point is, we spent 30 minutes last
09:27:44 week, you know, going back and forth on days.
09:27:47 I changed my doctor appointment.
09:27:49 We settled on the 22nd.
09:27:52 So I'm really -- as I said before we started moving
09:27:56 dates, we need to make sure that it is the date, let's
09:28:02 move forward.
09:28:02 I'm really tired of these date issues that keep going
09:28:05 back and forth.
09:28:12 What's council's pleasure?
09:28:16 >>JOHN DINGFELDER: We are lucky enough to have Mr.
09:28:18 Smith here, and if it's his request maybe we want to
09:28:21 hear from Darrell Smith.
09:28:29 >>> Darrell Smith, the chief of staff.
09:28:32 When council took action, the last action that set
09:28:37 that meeting for August 22nd at 10:00 on Friday
09:28:42 morning, we, since that time, have been looking at our
09:28:47 availability at personnel, and that would be
09:28:51 participating in a meeting.
09:28:52 And the chief of fire is essential for that meeting.

09:29:01 It's of significance that we need his presence.
09:29:03 And he already had for his management leadership team
09:29:06 a retreat scheduled for fry and Saturday.
09:29:11 And I apologize for the different scheduling changes
09:29:16 that have taken place, but we thought it appropriate
09:29:19 to ask if council would consider that.
09:29:23 >>LINDA SAUL-SENA: I don't know if you are aware but I
09:29:28 think you were part of the conversation.
09:29:29 We went through like three or four dates.
09:29:32 Rather than picking a date that's in the middle of the
09:29:35 council day, I don't want to give either the council
09:29:37 meeting or the firefighters short shrift.
09:29:41 I'd like to postpone this conversation till the end of
09:29:43 our meeting.
09:29:44 I'm willing to concede that we won't do it on the date
09:29:47 we had picked, but rather than doing it scramble, I'd
09:29:51 like us to all pull our calendars together and see
09:29:55 what date would work, with the idea of not
09:29:58 shortchanging our council meeting on the 4th.
09:30:01 I just am concerned about doing that.
09:30:03 Perhaps the way to do it is set it up for 3:00 in the
09:30:06 afternoon and that way we won't preclude an adequate

09:30:12 morning meeting.
09:30:13 >>> the add -- the information I have from the
09:30:16 administration is we are available at 3:00 that
09:30:19 afternoon.
09:30:19 So if it meets your schedule --
09:30:22 Which afternoon is that?
09:30:23 >>> The 4th.
09:30:24 >>LINDA SAUL-SENA: The 4th.
09:30:26 >>THOMAS SCOTT: Again we need to look at our
09:30:27 calendars.
09:30:28 We can't just come in here and snatch a date out of
09:30:31 the air.
09:30:31 My suggestion is again, let's take it up at the end of
09:30:34 the meeting, let's look at our calendars, make sure
09:30:36 everybody is on the same page.
09:30:38 We have been batting dates around for the last two
09:30:40 weeks so let's make sure at least we appear that we
09:30:43 are organized and we have it together.
09:30:48 >>> We appreciate the consideration.
09:30:50 >>THOMAS SCOTT: Thank you.
09:30:50 We are delighted to have the mayor with us today.
09:30:53 If honorable Pam Iorio will come now and make the

09:30:57 presentation.
09:30:58 >>MAYOR IORIO: Good morning council members.
09:31:00 It is a pleasure to be with you as I present the
09:31:02 budget for fiscal year '09.
09:31:04 And I want to thank all the hard work of the budget
09:31:08 staff over the past many months to pull this together,
09:31:11 the budget books have all been delivered to your
09:31:13 offices, and we look forward to a dialogue with you
09:31:19 after today's presentation on the budget.
09:31:22 The budget for this coming fiscal year totals $836
09:31:27 million.
09:31:27 The increase over last year's primarily because of the
09:31:31 extraordinary amount of infrastructure improvements
09:31:33 that we'll be doing over this coming fiscal year.
09:31:36 The top operating fund which is the fund that most
09:31:39 people focus on because it is our operating fund, and
09:31:42 that's where property taxes are, it's $423 million,
09:31:47 almost a 2% increase, although obviously our property
09:31:50 tax revenues have gone down as have other revenues.
09:31:55 After I give my presentation Bonnie Wise will give her
09:31:57 presentation and go into much more detail about what
09:32:00 revenue sources have been diminished over the past

09:32:04 year.
09:32:05 I think it is notable, though, that for the first time
09:32:07 in Tampa's history, this budget year, we have added
09:32:12 over a billion dollars in net new construction, even
09:32:16 in a down economic time.
09:32:18 And that, I think, really says a great deal about the
09:32:24 strength of our city.
09:32:25 Now, about 45% of that is within the CRA, which is
09:32:28 also a great fund, because that shows that the CRAs
09:32:32 are doing what they are supposed to do, which is build
09:32:34 the tax base, remove blight, build up the tax base,
09:32:39 and then those taxes are reinvested, so that's a good
09:32:42 sign.
09:32:43 However, everyone with that, the value of taxable
09:32:45 property in the city decreased this year by 1.5%.
09:32:48 So all taxable value actually went down.
09:32:51 That is because of amendment 1 and to be expected.
09:32:55 So as we looked at this budget year, we said, what are
09:32:58 our guiding principles?
09:32:59 We have five.
09:33:00 First, protect the key services that the public
09:33:03 depends upon.

09:33:05 We only are here to serve the public.
09:33:09 Two, look for better ways of doing business.
09:33:11 And I give the staff a lot of credit because over the
09:33:14 past year and a half that's exactly what they have
09:33:16 done.
09:33:16 They have taken to heart the changing the business of
09:33:19 government and they have looked for better ways of
09:33:21 doing business in every department has really produced
09:33:24 something a little bit different.
09:33:27 Number 3, continue to make progress.
09:33:29 So often when you're in a position where revenues are
09:33:32 being cut, people get more in a defensive posture.
09:33:36 And we'll not ever do that in the City of Tampa.
09:33:40 I believe in constantly making progress.
09:33:42 This city has to always make improvements.
09:33:45 And as I mentioned in our state of the city, just a
09:33:48 few months ago, we will be spending an unprecedented
09:33:51 amount on new infrastructure.
09:33:55 Number 4, preserve our reserves.
09:33:59 So that the city remains financially healthy.
09:34:02 That's a very important point.
09:34:04 There was a time when our reserves were too low.

09:34:08 Bonnie and I feel that now they are adequate, but we
09:34:11 have to preserve them.
09:34:14 And finally, strategically shrink the size of city
09:34:18 government.
09:34:18 This is awfully important, because 80% of our
09:34:22 operating budget is personnel.
09:34:24 So what we did last year and what we have done this
09:34:27 year is to very carefully shrink the size of city
09:34:30 government.
09:34:30 In fact, over the past two years, our city government
09:34:33 has decreased by 7.6%.
09:34:37 We have reduced over the past two fiscal years 382
09:34:43 positions.
09:34:45 That's significant because it really means that every
09:34:47 department has been affected in some way, but they
09:34:50 have done it very carefully.
09:34:52 Of course there's been a mixture of both filled
09:34:55 positions and vacant positions, but every position was
09:34:58 important to the functioning of city government.
09:35:01 And I don't want in any way for any of those positions
09:35:04 to be diminished in their importance.
09:35:06 However, each department has taken to heart the need

09:35:09 for us to strategically shrink the size of city
09:35:12 government, and I think they have done a very good job
09:35:15 of doing it.
09:35:16 You know, all of you read newspapers from across the
09:35:19 state, every City Council and every county commission
09:35:22 across the state is faced with the same issues that we
09:35:25 are faced with.
09:35:25 And most in the month of September will have public
09:35:29 hearings where the chambers will likely be filled with
09:35:32 citizens, concerned about cutbacks, to services that
09:35:35 they depend upon.
09:35:36 Council members, I do not think you will have those
09:35:38 kind of public hearings here in the City of Tampa.
09:35:41 I do not believe that this chamber will be filled with
09:35:44 citizens concerned with severe cutbacks to the
09:35:47 services that they depend upon.
09:35:49 And that's because we have been very careful about
09:35:51 where we have made the cuts.
09:35:54 We have put the public first.
09:35:55 We know what we all know collectively what services
09:35:59 they depend upon, and we have not cut those services.
09:36:02 Our police protection remains the same.

09:36:05 We are so proud of our police department.
09:36:08 42.5% crime decrease over the past five years.
09:36:13 We have kept that level of protection to the city the
09:36:16 same.
09:36:17 Our fire department, you will see in the budget you
09:36:19 have been presented with today, we are actually adding
09:36:22 firefighters.
09:36:22 Even in a time of cutback, we are adding firefighters
09:36:25 to the budget.
09:36:27 We have not made cuts in code, clean city.
09:36:31 We have only made strategic cuts in parks and
09:36:33 recreation.
09:36:35 I give parks and rec a lot of credit because over the
09:36:38 last two years they have shouldered a lot of cutbacks,
09:36:41 but they have done it very carefully, they have
09:36:43 reorganized, they have restructured, they have done
09:36:44 awfully good job.
09:36:47 Very minimal cuts in public works.
09:36:50 And, you know, sometimes when there are cutbacks, the
09:36:53 first to go is often the art and cultural.
09:36:55 I don't believe in that.
09:36:58 I'm committed to making Tampa a city of the arts.

09:37:01 And we have not cut back one bit on our subsidy to our
09:37:04 arts and cultural organizations because they too are
09:37:06 going through a tough time where they are getting cut
09:37:08 back on the state level and private donations are
09:37:11 dropping off, and they need our full support.
09:37:15 And so there are many things that we have really not
09:37:17 cut.
09:37:18 And I think you will see that reflected in the two
09:37:20 public hearings in September.
09:37:25 Now, I do want to stress before I get onto what we
09:37:29 have invested in that this work is ongoing.
09:37:32 One thing that I think we all realize is that this
09:37:36 loss of revenue over the past two years, first in
09:37:40 2007, with the legislature mandating a rollback of our
09:37:44 millage, second, this year with the passage of
09:37:48 amendment 1, we realize this cut in revenue is
09:37:52 permanent.
09:37:53 And that we are going to continue to be faced with
09:37:56 these issues.
09:37:57 And so the staff views the budget process as a
09:38:02 multi-year budget process.
09:38:03 Last year, we built this budget on last year and we'll

09:38:07 build next year's budget on this year and we are going
09:38:10 to continue to strategically shrink city government
09:38:13 throughout the year.
09:38:16 What have we invested in?
09:38:18 Because I think it is so very important that the City
09:38:19 of Tampa just keep investing.
09:38:21 And you know from all the interactions you have from
09:38:24 our citizens, town hall meetings, all the people who
09:38:26 come before you in this chamber, it proud of the city
09:38:32 and they want to keep the city getting better all the
09:38:35 time.
09:38:36 That's why this year's budget includes a 15.5%
09:38:39 increase in our investing in neighborhoods program.
09:38:43 We are continuing to put more into street resurfacing,
09:38:47 sidewalks, traffic calming, and signage.
09:38:51 These are the basics of neighborhoods.
09:38:54 And these are the basics that for the past five years
09:38:58 we have continued to put more and more money into.
09:39:00 And I think that's so important for our city, because
09:39:03 if you have strong neighborhoods, then the rest
09:39:07 follows.
09:39:07 Good things happen throughout the city.

09:39:10 A number of key investments.
09:39:11 We have applied for a safer grant with the federal
09:39:16 government, which would allow us to fund up to 36
09:39:20 firefighters.
09:39:22 It would provide for a reduction of federal funds over
09:39:26 a five-year period, if we were to hire the entire 36.
09:39:31 Our matching amount is $210 that you.
09:39:35 We have put that in the budget.
09:39:36 Should we not get the safer grant, we will go ahead
09:39:39 and hire seven additional firefighters.
09:39:42 As you know, prior to last year's budget, we have been
09:39:45 on track of hiring seven new firefighters every year.
09:39:50 We did not last year.
09:39:51 We want to get back on track of doing that.
09:39:53 In this year's budget, we have funds for the design
09:39:56 and construction of the new fire station in New Tampa.
09:39:59 It will be fire station number 22.
09:40:03 And that of course will have to be staffed.
09:40:06 So that is our priority, of course, the fire
09:40:11 department has been our priority for a number of
09:40:12 years.
09:40:16 We are going to purchase the lobby of the Tampa

09:40:19 Theatre.
09:40:22 This is something that Bonnie Wise can go into a
09:40:24 little bit more, in more detail.
09:40:26 But we have allocated $2 million for the purchase of
09:40:30 the lobby and the two adjacent ground level spaces.
09:40:36 The Tampa Theatre is of course one of Tampa's jewels,
09:40:40 but its ownership has been a bit convoluted.
09:40:45 We own the auditorium.
09:40:46 We don't own the lobby.
09:40:47 We pay lease payments to the Tampa Theatre.
09:40:51 The ownership structure is a little bit unusual.
09:40:54 And so the Tampa Theatre foundation has tried to
09:40:57 solidify its future by having the city acquire some
09:41:01 additional ownership of the Tampa Theatre.
09:41:04 For Councilwoman Saul-Sena, I really appreciate your
09:41:07 leadership on this issue, and the fact that you have
09:41:09 brought to our attention that it helped us in this
09:41:12 transaction, or the transaction that will ultimately
09:41:16 be coming before City Council.
09:41:17 But we think it's very important to protect the future
09:41:20 and the integrity of the Tampa theater, for the city
09:41:23 to acquire greater ownership of the theater, and also

09:41:28 at the same time reduce our yearly operational amount
09:41:32 that we pay to the Tampa Theatre.
09:41:37 We will go into about $4.5 million into Kiley Park to
09:41:42 address that whole situation which I know has been
09:41:44 subject of great debate in front of City Council but
09:41:46 something that's long overdue and will be part of that
09:41:49 entire redo of the Curtis Hixon waterfront park and
09:41:53 that entire area of our downtown which we are going to
09:41:55 be very proud of.
09:41:56 Many key investments this year.
09:41:57 We just opened bids for section C of 40th Street, just
09:42:01 last week.
09:42:02 Bids came in great, low, lot of competition.
09:42:06 It was wonderful.
09:42:07 So that will be section C.
09:42:08 We have to get done on that.
09:42:10 Section B is almost done.
09:42:12 This year at this time I hope I'm standing here
09:42:14 telling you that section A has also gone to
09:42:16 construction.
09:42:17 And once we get A, B and C done the project will be
09:42:20 done, and that will be a great thing for the entire

09:42:24 community.
09:42:25 We are doing the environmental study for the second
09:42:27 phase of Cross Creek, working on that.
09:42:30 That's a big project that needs to continue on to
09:42:32 Morris Bridge Road.
09:42:33 And we are committed to that.
09:42:36 With our community investment tax, we have got the
09:42:38 Spring Hill community center for Sulphur Springs,
09:42:42 Seminole gardens center, Ballast Point pier and ramp,
09:42:45 all very important projects.
09:42:46 I'm very proud of the construction that's underway
09:42:48 right now, Cotanchobee park and heros plaza.
09:42:53 When this is done in conjunction with the new Tampa
09:42:56 Bay history center this is going to be a wonderful
09:42:59 focal point and great tribute to our veterans as well
09:43:02 as the police and fair and the partnership with
09:43:05 Hillsborough County.
09:43:07 Our water department is embarking on $150 million
09:43:11 worth of infrastructure improvements in this coming
09:43:14 fiscal year.
09:43:16 When I say we are building a lot, we are.
09:43:18 I don't know of a time, ever, when the city has been

09:43:22 so involved in so many major construction projects --
09:43:26 roads, water, sewer, stormwater, parks, and rec, all
09:43:30 across the landscape.
09:43:33 The water department, everything from the new pipeline
09:43:38 that will handle water distribution to repair of water
09:43:40 pipes to the minimum flow issue of the lower
09:43:43 Hillsborough River to our reclaimed water, we are
09:43:46 making a lot improvements in the water department.
09:43:49 Spending about $20 million, just on the 12th Street
09:43:53 wastewater source main which is just one project, but
09:43:59 it's a very important one, it's very involved, and
09:44:01 it's going to give us all a sigh of relief when it's
09:44:04 done for those of us who care what's underground and
09:44:07 what might burst, and we as you know have been
09:44:10 spending a great deal of money fixing pipes that are
09:44:12 old and could burst at any time.
09:44:15 In the coming year, the stormwater department will
09:44:18 spend nearly $40 million in improvements.
09:44:22 I can't say enough about the success of our stormwater
09:44:25 program, and might be a day at council where you might
09:44:28 want to spend a little bit of time asking for an
09:44:30 update of the entire stormwater plan since it was put

09:44:34 into effect and the stormwater fee was instituted.
09:44:36 It's just been amazing how effective the department
09:44:39 has been in designing and getting these projects done.
09:44:42 They have done it without a lot of fanfare, but the
09:44:45 projects do get done.
09:44:47 And so little by little we are chipping away at
09:44:50 decades of neglected drainage issues.
09:44:56 In East Tampa, you know, Tuesday of this week, with
09:45:02 Councilwoman Miller, we opened up the new 34th
09:45:05 street park which had been built around a stormwater
09:45:09 retention pond.
09:45:10 It's just beautiful.
09:45:11 It's really a great addition to East Tampa.
09:45:15 It's a way of taking our current assets that we have
09:45:18 in East Tampa and turning them into something special.
09:45:21 This year's budget has 1.1 million to do the same.
09:45:24 MLK, another stormwater retention pond that can turn
09:45:29 into a beautiful neighborhood park.
09:45:31 It was very heartening to see this on Tuesday, how
09:45:35 pleased the neighbors were.
09:45:36 And we continue to invest in 22nd street, plan to
09:45:41 purchase additional land.

09:45:42 We really view the 22nd street corridor as something
09:45:45 that can be a center for economic redevelopment in
09:45:48 East Tampa, both improvements to the roadway as well
09:45:52 as what's adjacent to the roadway.
09:45:54 So we are going to continue to focus on that.
09:45:58 I want to bring up a point about the rate of pay
09:46:01 increases.
09:46:03 As you know, you will be, whenever the meeting is
09:46:05 scheduled, be addressing the issue of Tampa Fire
09:46:08 Rescue, and the pay proposal that will be in front of
09:46:13 you.
09:46:14 You know, we very much value all of our employees.
09:46:20 And we want them to be paid for the job that they do
09:46:25 in a fair way.
09:46:27 We want them to get pay increases that are fair and
09:46:30 equitable.
09:46:31 Even in these tough times, we want them to continue to
09:46:34 get pay increases.
09:46:35 We understand the economic challenges that all of them
09:46:39 face, the budget that is before you does that, pays
09:46:45 everyone a fair salary for the job that they are
09:46:47 doing, pays everyone a fair increase.

09:46:51 We have been negotiating with Tampa Fire Rescue for
09:46:56 quite some time, and have reached an impasse, and it
09:47:00 has gone to a special magistrate, and now it will go
09:47:03 to you.
09:47:06 Now, when this comes to you, I just want to share with
09:47:09 you a few of my thoughts today.
09:47:11 First of all, we have negotiated long and hard with
09:47:14 the fire union, and the contract is a good one.
09:47:21 Also, what we end up focusing on is just the pay
09:47:24 increase.
09:47:25 Then there's the rest of the contract.
09:47:27 And the contract is a very positive one for our
09:47:31 members of Tampa Fire Rescue.
09:47:34 And, you know, the contract has nothing to do and the
09:47:37 impact has nothing to do with how we feel about our
09:47:39 firefighters.
09:47:39 As you know, we think we have a fantastic fire
09:47:42 department.
09:47:43 They are hill regarded.
09:47:46 We have over the past five years continued to add
09:47:49 firefighters, rescue cars and firefighters that go
09:47:53 with them, paramedics.

09:47:54 We have when I first got into office, some of you
09:47:57 might recall, the big usual you that came up about the
09:48:01 condition of the fire stations.
09:48:02 So we embarked on a plan to improve all the fire
09:48:05 stations so the firefighters would have better living
09:48:07 conditions.
09:48:08 We have supported our firefighters in every way.
09:48:11 And so the issue, when it does come before you in
09:48:14 August or September, is not about the firefighters,
09:48:17 because we think they are great.
09:48:20 We value all of our employees -- fire, police, and
09:48:24 every general employee who works very hard for our
09:48:27 citizens.
09:48:27 The issue is one of the rate of increase.
09:48:33 And as I said, what we are dealing with now is a
09:48:38 changed financial situation from a few years ago.
09:48:41 We know that we will have less revenue.
09:48:44 Over the past two years, our property tax revenue has
09:48:46 decreased by $28 million.
09:48:49 As I mentioned, our workforce has decreased by 7.6%,
09:48:55 while our population has continued to grow.
09:49:00 So we have to address the rate of future pay

09:49:03 increases.
09:49:04 We want everyone to get a fair pay increase, and what
09:49:10 we have offered is a 3% cost of living, which is
09:49:14 currently what they get, and a 3.5% merit increase to
09:49:21 get rid of their very outdated step plan.
09:49:25 They have a step plan that no on the union has.
09:49:29 One year someone might get a 3% increase, but through
09:49:33 seniority another year you might get 17%, in one year.
09:49:37 It is an outdated plan.
09:49:40 And what we are offering is that half the workforce
09:49:46 will get a 6.5% pay increase.
09:49:50 I suspect that there are many people listening right
09:49:53 now who don't know a single person in Tampa who is
09:49:57 getting a 6.5% pay increase in these economic times.
09:50:02 Combined cost of living and merit.
09:50:04 We believe that our offer is a generous one,
09:50:08 particularly in light of the economics of the city,
09:50:12 this year and going forward.
09:50:14 All I ask is you debate this issue -- and I know you
09:50:18 will do a very thorough job in doing that -- is that
09:50:21 you bear in mind that whatever decision you make, if
09:50:25 you go above what the special magistrate has

09:50:27 recommended, and the special magistrate has agreed
09:50:30 with the city administration, that will set the tone,
09:50:34 and that will become the starting point for the
09:50:38 negotiations with the ATU and the police.
09:50:42 So it will have ramifications beyond just the one
09:50:46 contract that you will have before you.
09:50:50 The union proposal, as you know, is for 5% cost of
09:50:54 living and 5% merit with their step for 10%.
09:50:57 That is just not affordable.
09:51:01 I want to say something about our employees.
09:51:08 You know, in six months, we will be hosting our fourth
09:51:11 Super Bowl, but it will be Tampa's first Super Bowl in
09:51:16 the post 9/11 environment.
09:51:21 So there's a lot more to this Super Bowl than in
09:51:24 previous super bowls because of security
09:51:26 considerations.
09:51:28 When I look at our employees and the planning that
09:51:30 they are doing for this event, remember that over the
09:51:33 past two years the workforce has decreased by 382
09:51:38 employees, every single department has been affected,
09:51:42 every department in, some way has been affected.
09:51:44 But you do not hear our employees complain.

09:51:49 They don't.
09:51:50 You don't hear them say, we won't do this, or we can't
09:51:54 do this, or I've got too much on my plate, or I have
09:51:57 less staff, or I have less money.
09:51:59 That's not our employees.
09:52:02 They have taken a can-do attitude I see how they excel
09:52:10 every day, I see how they plan for this Super Bowl
09:52:12 which is an extraordinary event for any community to
09:52:14 host, and we are doing it, at a time when our city has
09:52:17 had two years of cutbacks, but still they do it with a
09:52:22 can-do spirit that I really appreciate.
09:52:26 When we, last year after the legislature rolled back
09:52:30 the millage, and we realized, and amendment one was
09:52:35 getting on the ballot, so what might happen there, we
09:52:37 looked at our long-term finances.
09:52:41 We said, these will be challenging years.
09:52:44 There's no doubt about it.
09:52:45 Not just last year, this year, but the next several
09:52:48 years will be very challenging years.
09:52:51 And we said, you know, our attitude is going to be
09:52:54 this -- we are not going to complain.
09:52:58 We are just going to roll up our sleeves and meet the

09:53:01 challenge.
09:53:03 We are always going to keep the public first.
09:53:06 We are going to remember why we're here, every single
09:53:09 day, is to serve the public.
09:53:12 They pay tax dollars, and in return they expect
09:53:14 quality services.
09:53:17 And I'm very proud of how all the administrators,
09:53:19 department heads, and every other employee has met
09:53:21 that challenge.
09:53:22 And so the budget that is presented to you today is a
09:53:25 balanced budget.
09:53:27 Yes, it reduces and shrinks the size of city
09:53:31 government, but it does not adversely affect those
09:53:34 services that our public has come to depend upon.
09:53:40 And that is a real accomplishment.
09:53:43 And I thank you for the cooperative spirit that you
09:53:45 have exhibited over the past several years as we have
09:53:50 met this challenge.
09:53:52 We can continue to work as a team, to meet these
09:53:55 challenges.
09:53:57 But most of all, I want you to really focus on these
09:54:00 employees who continue to do an outstanding job every

09:54:04 single day with limited resources.
09:54:07 I'm very proud of them.
09:54:09 And so, council members, I submit to you this budget
09:54:13 which I think meets the needs of this community, moves
09:54:17 this city forward, continues to make progress in areas
09:54:23 that this city has needed progress on for many
09:54:25 decades, continues to make infrastructure improvements
09:54:30 that will have long lasting effects on this city.
09:54:35 It's a budget I'm very proud of and pleased to submit
09:54:37 to you today.
09:54:38 >>THOMAS SCOTT: Thank you.
09:54:44 >>MAYOR IORIO: I'd be happy to answer any questions.
09:54:46 Then Bonnie of course will have her presentation,
09:54:48 which is in greater detail.
09:54:49 >>THOMAS SCOTT: Thank you, mayor.
09:54:51 Councilwoman Saul-Sena.
09:54:53 >>LINDA SAUL-SENA: Thank you.
09:54:56 I appreciate the energy that you have put into
09:54:59 creating a budget that is moving forward, that will
09:55:03 make this community better, that recognizes that we
09:55:06 need infrastructure, we need quality of life, we need
09:55:10 to protect the gains we have made.

09:55:13 I think you have done a really diligent job.
09:55:15 It's been a very tough, tough year.
09:55:18 And I really thank you and all of your staff for the
09:55:21 work you put into this.
09:55:23 I look forward to our going through it and developing
09:55:27 it.
09:55:28 But thank you for the great care and thought and
09:55:31 balance I feel that you sought in creating this.
09:55:35 And council shares with you our appreciation of our
09:55:37 employees, who are really working harder than ever,
09:55:42 greater demands, fewer colleagues.
09:55:45 We appreciate all their hard work.
09:55:47 Thank you so much.
09:55:48 >>MAYOR IORIO: Thank you.
09:55:49 I appreciate your comment.
09:55:50 >>THOMAS SCOTT: Anyone else?
09:55:53 Mayor, let me take the opportunity again to say thank
09:55:56 you.
09:55:58 I really want to commend you for the budget, and also
09:56:02 inviting council early on, at least from my
09:56:05 perspective, to look at what you were doing.
09:56:08 I think that sends a message, that we are a team, we

09:56:11 are partners for the betterment of Tampa, the City of
09:56:19 Tampa.
09:56:20 I listen to you today, and everything seems to have a
09:56:24 balance.
09:56:24 Particularly I'm happy about 40th Street.
09:56:27 You deserve a lot of that recognition and credit for
09:56:30 40th Street.
09:56:31 And it is getting done.
09:56:35 And the increase for the neighborhood associations,
09:56:38 the neighborhoods, thank you again.
09:56:40 I look forward to going through it and hopefully as we
09:56:45 go through it we can come out on the same page,
09:56:48 working together and making sure that we move forward.
09:56:50 I think that you deserve a lot of credit in a time of
09:56:57 economic downturn of talking positive, and saying that
09:56:59 we are not going to stop, we are going to keep on
09:57:02 moving forward.
09:57:05 That's what's good about having a strong leader.
09:57:07 Those are qualities of a strong leader, that no matter
09:57:11 how bad it looks up here, that you always come full of
09:57:15 hope, and moving forward.
09:57:17 So I commend you for that, and for the attitude among

09:57:26 the city and the staff.
09:57:27 Thank you again for being here.
09:57:28 Thank you again.
09:57:30 >>MAYOR IORIO: Thank you, Mr. Chairman.
09:57:33 I really appreciate those words.
09:57:34 >>MARY MULHERN: And I wanted to thank you for that,
09:57:36 too, and also for the nuts and bolts and for, you
09:57:38 know, facing the issues of stormwater, and our water
09:57:43 issues, and they are not glamorous, but you have taken
09:57:46 that on, and everyone in the city is going to be
09:57:49 really thankful for that long after you're gone.
09:57:53 And I wanted to ask for your help.
09:57:58 We formed -- City Council has appointed a citizens
09:58:01 advisory group on the budget.
09:58:04 And because it's so complex, we are hoping for all the
09:58:07 cooperation we can get from the budget and finance
09:58:09 people so that the citizens can see what's being
09:58:13 proposed and what you have been spending on, and
09:58:16 hopefully this will be a way for some feedback before
09:58:19 we actually adopt -- I'm hoping you can work with them
09:58:24 on that.
09:58:24 >> We like the transparency. We try to get as much

09:58:27 information out as possible.
09:58:28 We just produced this book so it's something the
09:58:30 public can digest.
09:58:32 >>MARY MULHERN: Thank you?
09:58:35 >>MAYOR IORIO: Thank you, council members.
09:58:36 >>LINDA SAUL-SENA: I just want to share with you how
09:58:38 much improved our CDBG process is.
09:58:42 It has absolutely been transformed over the last few
09:58:44 years.
09:58:45 Public really is engaged.
09:58:47 There's tremendous communication.
09:58:49 My only wish is that we are getting more money from
09:58:52 Washington to spread around.
09:58:53 But on our end in terms of trying to meet the requests
09:58:56 of the neighborhoods, if we can't meet it within the
09:58:58 CDBG budget, I feel like the budget staff really looks
09:59:03 hard to other places to meet the community needs and
09:59:05 that's really important to us as City Council, and I
09:59:07 wanted to share with you how well the process runs
09:59:11 these days.
09:59:12 >>MAYOR IORIO: Glad to hear that.
09:59:14 I know they worked hard on it.

09:59:15 >>GWEN MILLER: You got all the compliments you can
09:59:21 need.
09:59:22 I don't know if you can handle anymore.
09:59:24 But we are giving you some good comments and I'm
09:59:28 really proud of that.
09:59:29 >>MAYOR IORIO: Thank you.
09:59:30 It's a pleasure to work with you.
09:59:32 I am now going to turn it over to Bonnie Wise who will
09:59:35 go into more detail about the budget.
09:59:36 >>THOMAS SCOTT: Thank you very much.
09:59:40 >>BONNIE WISE: Director of revenue and finance.
09:59:42 Thank you so much for having me here today to present
09:59:44 to you the budget.
09:59:45 I am going to go into a little more detail from what
09:59:49 the mayor talked about.
09:59:50 Some of the things I will repeat, I'll try to keep
09:59:52 those points a little shorter.
09:59:54 As the mayor mentioned, every budget year we have
09:59:57 challenges.
09:59:58 This year is no different.
09:59:59 And last year a little bit different with the
10:00:02 legislature, and our 10.5% rollback of our millage

10:00:05 rate.
10:00:06 This year we had amendment 1 which passed in January,
10:00:08 and as you know in our meetings in the mayor's office
10:00:11 we talked a lot about amendment 1 and what impact that
10:00:15 would have on our tax value.
10:00:16 I want to thank you, the council and the mayor, for
10:00:18 all the guidance on the workshops early on.
10:00:21 It really helped the budget staff and me formulate
10:00:24 this budget, and give good information to all the
10:00:29 departments.
10:00:30 As now we will have two public hearings in September.
10:00:32 Your budget books are in your offices, and in addition
10:00:40 we have had all this information included in this
10:00:42 budget presentation on the city web site that will be
10:00:44 available today so people could access that.
10:00:48 And there's many people that I really need to thank,
10:00:51 as I mentioned, of course, council and the mayor, the
10:00:53 administrators, department directors, all the
10:00:57 employees worked so hard all throughout the year.
10:00:59 We have a big budget crunch the last few months but
10:01:02 everyone has worked so hard through the whole year.
10:01:05 We got a lot of help from Alan Brazier and Sue Winter

10:01:08 who helped us produce these budget books.
10:01:10 We always have technical computer challenges.
10:01:12 Our T&I staff couldn't be more fabulous.
10:01:16 They have been there for us, and really helped us
10:01:18 through this time period, and our budget staff who you
10:01:22 know works long hours and weekends to get this done,
10:01:27 and they are just really the best.
10:01:30 So with that, I present to you fiscal year budget 2009
10:01:34 commitment to progress.
10:01:38 As the mayor mentioned, this budget is $836 million.
10:01:43 Last year it was 761.
10:01:46 You could see a little less than about 2% increase in
10:01:50 what we call our tax operating fund.
10:01:52 I am going to go into great detail into those various
10:01:55 revenue sources.
10:01:56 And you can really see what is jumping out at you as
10:01:59 far as the changes from one year to the next, and
10:02:02 that's been our enter praise fund.
10:02:04 Takes mayor talked about, our water, wastewater, solid
10:02:09 waste areas are doing, increase of over 10%, and of
10:02:12 course our bond funds available.
10:02:14 Over $100 million of bond funds that we have dedicated

10:02:18 to capital improvement projects throughout the city,
10:02:23 including our parks and recreation, CI T-Bonds,
10:02:27 utility tax moneys, water, over $46 million gas tax,
10:02:36 wastewater over $100 million as I said.
10:02:40 So about a 58% increase in that area so the overall
10:02:42 budget increase is 9.8% tax operating pretty well
10:02:48 flat.
10:02:50 We have the amendment 1 passage.
10:02:53 What did amendment 1 really do?
10:02:56 Various things.
10:02:57 Biggest impact of amendment 1 is it changed the way we
10:03:00 have the homestead exemption in Florida.
10:03:02 So those properties who have -- that are greater than
10:03:06 $50,000, basically -- or greater than 75,000 basically
10:03:12 doubles the homestead exemption.
10:03:13 It's a little bit complicated because it's actually on
10:03:15 the third $25,000 of value, but pretty much it doubles
10:03:20 the homestead exemption.
10:03:23 So that has the most material impact in the change in
10:03:27 values.
10:03:27 I'm going to give an example of a home later on in the
10:03:31 presentation.

10:03:33 Also provides for portability.
10:03:35 So if somebody sold their home, they can take their
10:03:38 "save our homes" exemption with them to another home
10:03:41 up to $500 that you.
10:03:43 And it caps the amount of increase of the year of how
10:03:46 much a property can increase to 10% for nonhomesteaded
10:03:51 property. In Florida we have had this for quite some
10:03:52 time, capping it -- the Save Our Homes exemption,
10:03:55 capping to the 3% and this establishes a 10% cap. In
10:04:00 this market, however, it didn't really hit the 10% cap
10:04:03 generally, but it does establish that cap, and it did
10:04:06 add a $25 that you tangible personal property
10:04:09 exemption for businesses.
10:04:11 And that has a little bit of an impact.
10:04:14 When you get your tax bill it's a little bit
10:04:17 complicated.
10:04:17 The way this works, some effect schools, some of these
10:04:23 exemptions don't.
10:04:24 So the property appraiser's office really has the very
10:04:28 complicated time dealing with these exemptions but all
10:04:31 of these exemptions do affect the city.
10:04:35 What has that done?

10:04:36 It reduced our property values about $1.5 billion, so
10:04:41 had amendment 1 not taken effect we would have had
10:04:44 about $8.5 million additional in property tax
10:04:47 revenue.
10:04:48 As I mentioned, the homestead exemption is the thing
10:04:52 that really had the biggest impact.
10:04:54 So between what happened in 2007, with the rollback of
10:04:57 the millage rate and the amendment 1 had all that not
10:05:02 happen we would have had about $28 million.
10:05:06 That's where we are.
10:05:07 The mayor mentioned the five key strategies, as we
10:05:13 develop this budget.
10:05:14 And just to reiterate, preserving the service the
10:05:20 public depends on, as we go through everything in this
10:05:22 budget, that is our main criteria.
10:05:25 The employees of the city are always looking for
10:05:27 better ways to do business.
10:05:29 Whether it's something minor like not getting a
10:05:33 certain staff, we have this in my department, for
10:05:35 example, someone recognized, not getting a fax from
10:05:39 our bank every day, you send something by e-mail.
10:05:43 And it saves a couple hundred dollars.

10:05:45 Just little things to the very big things.
10:05:48 We are moving forward with much, much infrastructure,
10:05:52 the reserves.
10:05:53 When the mayor and I first met with our external
10:05:55 auditors when they got here they shared with us they
10:05:59 did not think our reserves were adequate.
10:06:01 We have been working over the past several years to
10:06:03 build those reserves through a level where I'm much
10:06:07 more proud of, and it's something that we really need
10:06:10 to be concerned about.
10:06:11 And as the mayor talked a lot about strategically
10:06:14 shrinking the size of city government.
10:06:20 I know this is small and a little bit hard to read,
10:06:23 but in the end, and as I mentioned I am going to go
10:06:26 through various expenses of I am crease and revenues
10:06:28 that decreased.
10:06:29 But if I had to summarize it down to one sheet of
10:06:32 paper, in the tax operating fund, we have a gap of
10:06:35 about $22 million, that in the end we are working
10:06:38 with.
10:06:38 You know, in February revenues come and go, but in the
10:06:45 end it turned out to be about $22 million.

10:06:48 And we have done things throughout the year and things
10:06:51 that we are doing next year that are closing this gap.
10:06:55 So things from debt service declining, $4.5 million.
10:07:03 Savings resulting from our hiring freeze.
10:07:05 We do have a hiring freeze.
10:07:07 However, we strategically do hire in certain key
10:07:10 positions, but because we have left those area
10:07:14 positions open we have been able to save those moneys.
10:07:18 We have deleted 69 full-time equivalent positions of
10:07:21 the various departments, parks and rec, police, and
10:07:25 city general, going through efficiency and
10:07:28 effectiveness task force, changing the business of
10:07:30 government, making changes to the way they do business
10:07:33 that could impact our operating budgets make them
10:07:36 decline, or deleting positions.
10:07:39 As you know
10:07:39 We have increased
10:07:41 Some permitting fees to try to get that area to be as
10:07:44 a self-supporting unit, and we are on our way to doing
10:07:48 that.
10:07:48 Regarding vehicles, sometimes we take advantage of
10:07:52 some abilities to buy vehicles early.

10:07:54 We did that with police.
10:07:56 We have done that with fire.
10:07:57 That if we could just move up the purchase a few
10:08:00 months, and this happened in police in fiscal year the
10:08:04 end of '07, we purchased some vehicles early because
10:08:07 there was a huge savings in buying those vehicles
10:08:11 early.
10:08:11 And also what we are doing with our vehicles is
10:08:14 delaying some purchases.
10:08:15 Some of the vehicles maybe didn't need to be purchased
10:08:18 so we had some savings there.
10:08:19 Our CRA does pay the city for certain services that
10:08:22 the city provides.
10:08:24 We have included that.
10:08:25 And we have had an increase in our transfer to help
10:08:28 balance the budget from our fund balances, but we were
10:08:32 fortunate enough to have built in order to do that.
10:08:35 I'm going to talk about some of the major revenue
10:08:37 sources now.
10:08:39 As I mentioned, operating refuse gnaws $423 million
10:08:45 and you can see a big breakout of our moneys.
10:08:47 And you can see that 37% of our revenues do come from

10:08:51 property taxes.
10:08:52 So when that declines, that does have a material
10:08:55 impact.
10:08:57 And we had some declines in sales tax.
10:09:02 I'm going to go through that a little more.
10:09:04 And we had an increase in our transfers in our fund
10:09:08 balance.
10:09:09 And fees and charges consist of items such as fines
10:09:15 and forfeitures, building permits, extra duty, the
10:09:18 convention center.
10:09:20 That's kind of what's lumped into that area.
10:09:22 I'll talk about some of these more specifically.
10:09:25 Here is our property tax evaluation.
10:09:30 I went back several years to see when it was that our
10:09:33 values from the city have always been increasing.
10:09:37 You have to go back to 1993, fiscal year '93 with the
10:09:41 year that the values in the city declined.
10:09:43 But since 1993, the property values in the City of
10:09:47 Tampa have increased every year, except for this year,
10:09:51 and as I mentioned, that is due to amendment 1.
10:09:57 Net new construction, over a billion dollars in that
10:10:02 new construction.

10:10:03 And we got that number from the property appraiser at
10:10:06 the end of June, it was a higher number than what we
10:10:09 had anticipated.
10:10:10 We knew that a lot permits were coming.
10:10:13 We knew some of the activity from the CFC.
10:10:16 However, over a billion in net new construction.
10:10:20 As the mayor mentioned, 45% of this new construction
10:10:24 is happening within our CRAs.
10:10:26 And you can see there I have listed all of our CRAs.
10:10:31 You can get a feel for where you are seeing some of
10:10:33 this new construction.
10:10:34 You are not imagining it when you see a lot of cranes
10:10:37 in the Channel District or downtown.
10:10:39 The Channel District represents 18% of our new
10:10:42 construction.
10:10:43 The two downtown CRAs, 16% of total city-wide.
10:10:48 So a big impact of our new construction.
10:10:53 Our property taxes.
10:11:00 For a long time the city had a constant millage rate.
10:11:03 We have to reduce it as I mentioned 10.5% last year,
10:11:07 we reduced our millage rate and we are proposing to
10:11:10 keep our millage rate at the same level this budget

10:11:12 year, fiscal year '09 and you can see there that our
10:11:16 property taxes because of the value decline will
10:11:21 decline $259 million this year.
10:11:27 I thought this was interesting.
10:11:31 I have been following how much -- we goat all the
10:11:34 property taxes in city-wide.
10:11:35 But then we have to make a contribution to the CRA
10:11:38 based on their gross.
10:11:41 And over time the blue area on this chart is the
10:11:44 amount that the city has to take from its property
10:11:47 taxes and contribute to the CRAs.
10:11:50 And so this year, in coming 2009, we are going to be
10:11:54 taking about 10% of all the property taxes that we get
10:11:58 in the city, and investing that back into the CRAs.
10:12:02 That is a really good thing.
10:12:03 It means the CRAs are producing, the CRAs are
10:12:07 growing, but it also means that the net that the city
10:12:10 has available to use elsewhere in the city is a lesser
10:12:13 number.
10:12:15 Now back to fiscal year '03 we were contributing less
10:12:18 than 5%.
10:12:19 Now we are contributing 10.

10:12:21 As I mentioned, we are proposing a millage of 5.7326
10:12:27 mills, the same as last year.
10:12:29 If you take your property tax bill that you receive at
10:12:32 your home, about 26% of what you pay in taxes goes to
10:12:37 the City of Tampa.
10:12:38 I know that's always confusing for people.
10:12:40 They see their tax bill, and they think it all goes to
10:12:43 the city.
10:12:43 But it goes to various places, and mostly goes for
10:12:47 schools.
10:12:48 36% goes to schools, about 27% goes to Hillsborough
10:12:53 County, and 26% to the City of Tampa, and the
10:12:57 remainder to various other entities.
10:12:59 But it's just about 26%, about a quarter goes to the
10:13:04 City of Tampa.
10:13:05 Here is an example.
10:13:06 I used this example last year of $185,000 home.
10:13:10 And last year -- and I'm assuming this is a
10:13:13 homesteaded property, somebody who has save our homes
10:13:16 exemption.
10:13:17 So last year, this $185,000 home would have had a
10:13:21 $25,000 homestead exemption, and they would have paid

10:13:25 in city taxes $917.
10:13:28 And so what happens to this person's home in fiscal
10:13:31 year '09?
10:13:33 I have assumed that the assessed value is going to
10:13:36 increase, and the assessed value is going to increase
10:13:38 because the property appraiser is required to do that,
10:13:42 increase it to 3% that's in the save our homes
10:13:45 exemption.
10:13:46 I'm assume that the value of this home is -- let's
10:13:49 call it $250 that you, something greater than that.
10:13:51 And so the assessed value is going to increase.
10:13:55 However, they are going to get the $50,000 homestead
10:13:58 exemption.
10:13:59 Their new taxes will be $805.
10:14:02 They'll save about $111 in city taxes in this coming
10:14:06 year.
10:14:09 Sales tax.
10:14:10 You have heard me talk about this several times in our
10:14:13 workshops, in the mayor's office, about what's
10:14:15 happening with sales tax.
10:14:19 It has been fluctuating, you know, prior years it was
10:14:23 increasing, '07 came in below our '06.

10:14:29 We budgeted for $30.6 million in fiscal year 08.
10:14:32 We only expect it to be about $27 million to get in
10:14:37 sales tax.
10:14:37 We have budgeted 28.5.
10:14:40 You read about this at the site level.
10:14:42 It has been causing a big problem throughout Florida.
10:14:44 Sales tax receipts are considerably down.
10:14:48 Some other major revenues, utility tax, communication
10:14:53 services tax, really on the whole just flat.
10:14:57 Due to revenue sources are not really increasing.
10:15:03 Let's talk about some of the expenses.
10:15:05 This is how we spend our $423 million.
10:15:09 Half of it to public safety.
10:15:12 The next biggest part to parks and rec, 13%.
10:15:17 We of course have public works in our debt service.
10:15:20 Our CIP, our vehicles, a huge part of our tax
10:15:24 operating fund.
10:15:26 And our general government at 7%.
10:15:28 And I have a separate pie this year that I'm showing
10:15:31 you is our CRA contribution so you can get a feel for
10:15:34 that.
10:15:35 4% of our total tax operating fund.

10:15:38 Some of the major departments, what happened to their
10:15:42 budgets this year, the police budget increases about
10:15:46 $6 million or so, for training, pensions, fall,
10:15:50 overtime.
10:15:51 Tampa Fire Rescue budget increasing a little bit, $3
10:15:55 million, our safer grant match.
10:15:58 Our pension as well.
10:15:59 Some changes in the way they have to pay instructors.
10:16:02 Parks and recreation budget declining a little bit.
10:16:05 About a little less than $2 million.
10:16:08 They have reduced their overtime.
10:16:11 They are doing
10:16:12 Things to
10:16:13 Various outsourcing.
10:16:14 Reducing some of their small equipment purchases that
10:16:16 aren't necessary, and cross training a lot of their
10:16:19 staff.
10:16:19 And the public works budget, increasing very little.
10:16:22 They have reduced some of their positions.
10:16:27 And we have increased electric bills.
10:16:28 And that's where you see something like that show up.
10:16:31 And one note, when you are comparing budget to budget

10:16:34 in your budget book, you will see that the code
10:16:36 enforcement budget went up and the finance went down,
10:16:41 that's because of the movement from the business tax
10:16:43 office to code enforcement.
10:16:45 It's not really -- that is a little bit less because
10:16:50 they have eliminated a position.
10:16:52 I really think this is an interesting chart.
10:16:54 People want to know where their property tax is going.
10:16:56 Our property taxes do not cover the police budget, and
10:16:59 this includes capital and facilities and their
10:17:04 vehicles, $139 million for police and 159 for property
10:17:07 tax.
10:17:08 You compare it as well to -- I'm sorry, it does cover
10:17:11 the police budget.
10:17:12 It does not cover police and fire budget.
10:17:17 In total the police and foyer budget is over $200
10:17:20 million of property taxes, not quit at that level.
10:17:26 Our personnel, the mayor talked about this, how it has
10:17:29 shrunk over time.
10:17:31 You can see the two-year period that the mayor
10:17:33 mentioned, over 5,000 employees, for a total of 4660
10:17:39 between the general fund and the other fund.

10:17:42 The biggest department in the -- biggest departments
10:17:45 in the general fund is police.
10:17:46 They have over 1300 employees, adjustment under a
10:17:50 thousand sworn officers, 991, and 317 civilians, fire
10:17:55 rescue is the next biggest, 647.
10:17:59 In the other department side, wastewater is the
10:18:01 largest department, 339 employees.
10:18:06 And this is I know a little bit confusing.
10:18:09 I'm trying to show you how the population has changed
10:18:11 over a three-year period compared to what our employee
10:18:15 count has done over this same time period.
10:18:18 So while the population continues to rise, our number
10:18:22 of employees is declining.
10:18:24 So in 2005, for example, the population to personnel
10:18:32 ratio was 64.5, and now each employee is covering 72.2
10:18:37 people in our community.
10:18:41 Our number of sworn officers per thousand of
10:18:44 population, at 2.95, Orlando this year right at 3 due
10:18:52 to changes in population growth.
10:18:54 And you can see there how we have -- we and Orlando
10:18:59 are far higher than various surrounding communities.
10:19:02 What's happened to some of our operating expenses? We

10:19:07 have talked about this over and over again.
10:19:10 The same things that are affecting people at home are
10:19:12 affecting the city.
10:19:14 Fall costs.
10:19:15 Our fuel from '08 to '09 is going to increase 30%.
10:19:20 Electric cost, 14%.
10:19:23 Chemicals are increasing $6 million.
10:19:27 46%.
10:19:28 This is in water. This is in wastewater.
10:19:30 This is throughout the city.
10:19:32 And insurance costs about 4%.
10:19:36 We still think it's very important to maintain
10:19:42 adequate contingencies and reserves.
10:19:45 In this budget you will see that we have budgeted for
10:19:48 contingencies and reserves.
10:19:50 It's for things that could happen during the year that
10:19:53 include electric costs going up, fuel costs going up.
10:19:56 We know those things happen during the year.
10:19:58 We know things like the sales tax not coming in as
10:20:02 budget happens during the year.
10:20:04 And so it's important to include those contingencies
10:20:07 and reserves.

10:20:08 And the other thing regarding the fund balance, you
10:20:10 know.
10:20:11 I look at the general fund balance, the utility tax
10:20:14 fund balance, there's certain GFOA officer association
10:20:18 guidelines that we like to abide by.
10:20:21 And to maintain the balances at about 15%, and we are
10:20:25 in excess of that.
10:20:26 And for our bond rating, many of you everybody here
10:20:29 before when I have been before you and I have talked
10:20:31 about our bond upgrade, and that means that our cost
10:20:34 of earning declined, so it's very important to
10:20:37 maintain those adequate balances.
10:20:39 The CIT program.
10:20:42 We are in the program for fiscal years '07 through 11.
10:20:46 It is a huge source of capital financing for the city.
10:20:53 We have recurring projects. This year in '09 we have
10:20:56 various neighborhood programs, in the parks and
10:20:58 recreation area, $1 million.
10:21:02 As the mayor talked about, in fire rescue.
10:21:05 New and replacement stations we have budgeted through
10:21:08 this five-year period, this year, fire station 22 in
10:21:11 New Tampa, and keeping an ongoing program for our

10:21:15 station improvements, placements, painting, et cetera.
10:21:19 Fire station 22 would need about 30 firefighters.
10:21:24 And between the ladder truck and the fair engine and
10:21:27 the firefighters and their gear, it's about $3.1
10:21:31 million to outfit that station.
10:21:33 We have our various transportation programs, 2.5
10:21:39 million, another 2.2 million in other transportation
10:21:43 projects, and our vehicle program over $5 million.
10:21:46 Our transportation program increases $250,000 per year
10:21:51 in this program.
10:21:54 And we of course had two bond issues with our CIT.
10:21:57 The 2001 issue and the 2006 issue, so we have to pay
10:22:01 our debt service over $5 million, and we have a
10:22:04 reserve for projects that have overruns of over
10:22:08 $1.2 million.
10:22:09 These are the projects in the 2006 bond issue that we
10:22:13 intend to complete or work on this fiscal year 2009.
10:22:19 These six projects.
10:22:20 And these are ones from the 2006 bond issue that have
10:22:24 been completed.
10:22:26 There's some pictures that we have from you from
10:22:28 Wellswood.

10:22:30 That project was $855,000.
10:22:34 Our New Tampa community center, $2 million from our
10:22:37 CIT bond.
10:22:39 MacFarlane park under $200,000.
10:22:44 And Cyrus Green pool, $900 from the CIT fund.
10:22:50 We continue with our police vehicle program.
10:22:52 I mentioned that we did have an opportunity to
10:22:55 purchase some vehicles early.
10:22:56 And we were able to save significant dollars.
10:23:00 We fund our police program with a combination of CIT
10:23:04 funds and utility tax funds for a total of $4.2
10:23:07 million.
10:23:08 We have both marked and unmarked cars.
10:23:12 Tampa Fire Rescue, we purchased six cars and two
10:23:20 engines and have planned purchases for '09 as well.
10:23:25 We are really embarking on a city-wide vehicle
10:23:27 program.
10:23:28 It's to look at fuel efficiency, it's ton look at
10:23:30 hybrid vehicles, to look at idling time, gas mileage,
10:23:36 going to things like bio diesel.
10:23:40 And one other thing we are doing is installing fuel
10:23:42 tanks at the new fire stations so employees can get

10:23:46 their fuel at those stations so there's less driving
10:23:49 around to get extra fuel.
10:23:51 I am going to talk now about the enterprise funds.
10:23:53 The enterprise funds are $276 million.
10:23:56 You can see there that wastewater is at 99 million,
10:24:01 it's about 37% of all enterprise funds, solid waste.
10:24:05 73 million, water 86 million, parking.
10:24:10 In the other category, that's the marina and utility
10:24:13 accounting.
10:24:14 What's happening with somebody's overall utility bill?
10:24:19 You have previously approved a water rate increase,
10:24:22 and that's $1.80 approximately, the average customer.
10:24:27 It would increase their bill 2.5%.
10:24:30 So to $73.47.
10:24:33 Other municipalities in our area, for example for the
10:24:36 same water usage, Hillsborough County, that person
10:24:38 would pay over $100.
10:24:50 The various enter praise funds have been looking at
10:24:52 their infrastructure over the past few years. In
10:24:54 water did you approve a favor-year rate plan to focus
10:24:57 on five strategic areas in water.
10:25:01 Rehabilitating the system, improving the distribution

10:25:05 system, protecting the river, expanding the reclaimed
10:25:09 water system, and construction and transmission -- the
10:25:15 treatment plants to South Tampa.
10:25:19 That's already implemented.
10:25:20 And water has an enormous capital improvement program
10:25:25 this year, $144 million, and they are using various
10:25:28 revenue sources.
10:25:29 They have previously issued water bonds.
10:25:31 They are using their ongoing water revenue.
10:25:34 And our commercial paper program.
10:25:35 I have been before you to talk about the commercial
10:25:37 paper program in the past.
10:25:39 It is that which we draw the funds only when we need
10:25:43 them.
10:25:43 So it's a very flexible program.
10:25:45 And the interest rate on that program has been about
10:25:48 2.2%.
10:25:49 Right now it's about 2.2%.
10:25:51 And it is a variable rate so we want to watch it so
10:25:53 that we are not subject to that interest rate.
10:25:56 We are using that program effectively in stormwater as
10:25:58 well.

10:25:59 The water budget increasing about $19 million.
10:26:05 There was of course a midyear rate increase that
10:26:07 occurred in fiscal year '08.
10:26:10 Various CIP projects.
10:26:12 And that includes increased electricity of $600 that
10:26:16 you, meter replacement program of $1.2 million,
10:26:19 increased step service, chemical cost.
10:26:24 38.4 million to be spent on pipeline repair and
10:26:29 replacement projects in '09.
10:26:32 There is the Hillsborough River dam.
10:26:39 Wastewater.
10:26:41 Their budget increased about $8 million.
10:26:44 Their chemicals increased $4.6 million.
10:26:50 Some of their infrastructure is 50 to 90 years old.
10:26:55 They have ongoing capital improvement requirements.
10:26:57 They do have some bond funds that they are using from
10:27:00 fiscal year '07 but they are having to use their fund
10:27:03 balance in order to pay for their capital projects.
10:27:05 Here's a wastewater construction.
10:27:14 Here's some of the aging infrastructure.
10:27:16 And this is a repair. This is a break that has
10:27:18 occurred a couple years ago.

10:27:20 Solid waste increasing a little bit.
10:27:25 Partly due to the cost of fuel.
10:27:28 And their CPI price escalation for the MacKay Bay
10:27:34 facility.
10:27:35 We discussed solid waste, when we were talking in the
10:27:38 mayor's office at one of the workshops.
10:27:40 Solid waste is in an area where we are really
10:27:42 monitoring their debt service coverage ratio for debt
10:27:45 service is 1.1 times, and it is something that we are
10:27:49 closely monitoring to ensure that their revenues cover
10:27:52 their debt service adequately.
10:28:00 This is a picture of collecting yard waste.
10:28:03 The parking budget is actually declining a little bit.
10:28:06 They have eliminated certain positions.
10:28:09 And their debt service declined this year.
10:28:11 However, if you remember back to when we sold the
10:28:13 Tampa General Hospital garage, we knew that we were
10:28:18 solving the parking department's debt service problem
10:28:23 for only a finite number of years.
10:28:26 So the debt service in fiscal year 2010 is going to
10:28:30 increase about a million dollars, and then the year
10:28:33 after that it's going to increase over $3 million.

10:28:37 So this is -- so we probably at some point need to
10:28:40 have a whole separate discussion on the parking system
10:28:42 of what we have coming before us over the next several
10:28:44 years.
10:28:46 We are making some lighting improvements, and some
10:28:53 improvements that are going to save the parking system
10:28:55 some money over time.
10:28:57 We are going to be installing in the parking garages
10:29:01 and in the fleet maintenance facility items to reduce
10:29:04 energy consumption.
10:29:05 And this should have a payback just over the next few
10:29:08 years.
10:29:09 So we are investing now, savings over time.
10:29:17 >>JOHN DINGFELDER: Bonnie, on the parking issue, now
10:29:21 that there's new ownership of the lightning and
10:29:23 everything, has there been discussions about
10:29:25 selling -- we own that parking garage over there by
10:29:28 the lightning.
10:29:31 >>> Yes, we do.
10:29:32 >> And leave it to the private sector, you know, to
10:29:35 the new lightning owners.
10:29:38 Have we been in any of those type discussions?

10:29:41 >>> We have had ongoing discussions.
10:29:43 We have not had any discussions about it with the new
10:29:46 owners.
10:29:46 >> Something we might anticipate?
10:29:48 >>> We are going to have to talk about it with the new
10:29:50 owners, yes.
10:29:52 And just how to operate those --
10:29:54 >> I mean operational or just again to sell it because
10:29:56 it's sort of a captive building, I realize we have an
10:29:59 obligation, I guess, to the hotel as well.
10:30:01 >>> To the Marriott, right.
10:30:02 >> But that obligation has to carry on to the hotel's
10:30:07 benefit.
10:30:07 But it just seems like you build a structure for a
10:30:10 purpose, to a great extent it's a private purpose, I
10:30:16 mean it's a public-private purpose, and then after
10:30:18 awhile, let the private side take over. Anyway, we'll
10:30:22 keep talking about it.
10:30:23 >>> Yes.
10:30:24 And we do have our debt service consideration was
10:30:26 that.
10:30:27 Stormwater.

10:30:29 It's really pretty much flat.
10:30:32 And they have reduced some of their personnel, but
10:30:35 they had some increases in fuel.
10:30:37 They have deferred some of their vehicle purchases
10:30:39 that they were able to wait on.
10:30:44 Major stormwater plan over this year.
10:30:46 That's $40 million.
10:30:50 There are ongoing revenues, and they are utilizing
10:30:52 their commercial paper program as well.
10:30:54 Each year, they update their five-year stormwater
10:30:58 plan.
10:31:01 These are some of the projects that could be included
10:31:04 in the fiscal year '09 commercial paper part of the
10:31:07 program.
10:31:08 And the stormwater department has been very good about
10:31:12 leveraging other funds.
10:31:13 SWFWMD dollars, state dollars, federal dollars.
10:31:16 It helps us accelerate various projects.
10:31:22 >>LINDA SAUL-SENA: I have a question.
10:31:22 Is there any place in our budget where we can see how
10:31:25 well we have gotten grants and -- and external
10:31:31 revenues?

10:31:32 Is that captured anywhere discreetly?
10:31:39 Is it summed up anywhere?
10:31:40 >>> It's not summed up anywhere so I think we would
10:31:42 have to compile that for you.
10:31:44 >> I think that would be very impressive, particularly
10:31:47 certain departments like stormwater have been very
10:31:50 successful and aggressive in receiving grant funding.
10:31:52 And I think it would just be an interesting number.
10:31:54 >>> Here's some stormwater infrastructure.
10:32:01 I want to talk briefly about the capital improvement
10:32:04 program.
10:32:05 As we mentioned earlier, $169 million of our capital
10:32:10 improvement program of which over $100 million is
10:32:13 coming from bonds, and 65.5 million come from other
10:32:17 operating refuse gnaws.
10:32:21 The investing in neighborhoods program.
10:32:23 Increasing 16%.
10:32:26 What I have learned from our transportation folks is
10:32:28 that they are actually seeing fewer pot holes now
10:32:32 throughout the city because of the resurfacing of the
10:32:34 streets that we are doing.
10:32:37 >>JOHN DINGFELDER: How much longer do you think you

10:32:39 have, Bonnie?
10:32:41 >>BONNIE WISE: About four minutes.
10:32:42 >>JOHN DINGFELDER: Okay.
10:32:43 Thank you.
10:32:45 Wise ways here is our investing in neighborhoods
10:32:48 program.
10:32:48 $7.5 million.
10:32:55 It's faster when I go through pictures.
10:32:57 Sidewalks.
10:32:58 That's an illuminated street sign at Kennedy.
10:33:02 Not all streets can carry those illuminated street
10:33:05 signs so they have to be selectively determined where
10:33:08 they go.
10:33:08 Here's some street resurfacing.
10:33:11 Traffic signals.
10:33:11 We talked about 40th Street.
10:33:13 The mayor already talked about it.
10:33:15 It continues to be the number one transportation
10:33:17 priority.
10:33:18 Now up to $110 million.
10:33:20 Every year I come here and I give you a new number.
10:33:23 About $110 million.

10:33:27 I think I have been up here before it was 80. Anyway,
10:33:39 here is the 40th Street, the two lanes completed on
10:33:41 the bridge.
10:33:42 The remainder very soon.
10:33:44 Here's the Tampa theater lobby.
10:33:46 It will help us eliminate certain of our lease
10:33:49 payments that we are paying to preserve this building.
10:33:52 >>JOHN DINGFELDER: What's the purchase price?
10:33:55 >>> 2 million.
10:33:57 And the riverwalk, we have $210,000 in this year's
10:34:01 budget for design of the segment from Brorein to
10:34:05 Whiting Street.
10:34:06 And this is what's going to be on the web today for
10:34:10 our public where you can actually go on the web and
10:34:13 look at capital improvement projects.
10:34:15 It's an interactive tool.
10:34:19 These are some critical dates.
10:34:20 If I can just bring them to your attention.
10:34:22 Of course today, and we have our two budget hearings.
10:34:24 Those days are Wednesdays.
10:34:27 So I just want to make that really Clare.
10:34:29 Wednesday, September 10th, and Wednesday,

10:34:31 September 24th at 5 p.m
10:34:34 And each year, we do receive the budget presentation
10:34:39 award from the GFOA because of the staff that puts
10:34:43 together a fabulous budget presentation book.
10:34:45 And with that, I would like to thank you for your
10:34:47 attention.
10:34:51 >>THOMAS SCOTT: Thank you very much.
10:34:52 Excellent presentation.
10:34:57 And I look forward to going through the budget.
10:34:59 >>BONNIE WISE: Thank you.
10:35:01 >>THOMAS SCOTT: Any other comments of council?
10:35:03 We passed our 10:30 time certain.
10:35:06 Thank you, Ms. Wise, very good presentation.
10:35:10 Also, we need to a few minutes to take public comment.
10:35:14 Then move to our staff reports.
10:35:22 >>> I have copies. Budget book for the clerk to
10:35:24 receive and file.
10:35:25 >>THOMAS SCOTT: Thank you.
10:35:32 For the public, anyone that wants ton address council
10:35:34 that's here?
10:35:35 Public comment.
10:35:35 You have three minutes.

10:35:36 State your name and address, please.
10:35:45 Anyone from the public.
10:35:48 Okay.
10:36:04 No one from the public then.
10:36:07 We will move -- do you want to address council?
10:36:16 >> Number 37.
10:36:21 >>THOMAS SCOTT: Let's go and try to take up first
10:36:28 readings, and then move quickly.
10:36:33 Those two and then take staff reports.
10:36:40 >> Ordinance being presented for first reading
10:36:42 consideration.
10:36:46 >>MARTIN SHELBY: Mr. Chair, those have to be read, the
10:36:49 title has to be read and voted on, the date for first
10:36:53 reading, adoption, public hearing.
10:36:56 >>JOHN DINGFELDER: Public comment?
10:36:58 >>MARTIN SHELBY: No, not on legislative items.
10:37:02 >>JOHN DINGFELDER: I'll move the first one,
10:37:04 Mr. Chairman.
10:37:05 An ordinance amending ordinance vacating, closing,
10:37:08 discontinuing, abandoning all portion of those within
10:37:13 the proposed Heights community district located south,
10:37:21 north bank of the Hillsborough River in the City of

10:37:22 Tampa, Hillsborough County amending sections 2, 5 and
10:37:25 8 of said ordinance to amend certain covenants,
10:37:28 restrictions, conditions set forth in Seth said
10:37:30 ordinance relating to a certain parcel as more
10:37:33 particularly described here providing an effective
10:37:34 date.
10:37:34 >>LINDA SAUL-SENA: Second.
10:37:37 (Motion carried).
10:37:39 >>THE CLERK: Motion carried with Caetano being absent.
10:37:42 Second reading and adoption on August 21st at
10:37:45 9:30.
10:37:46 >>THOMAS SCOTT: Let's take up item 3 and then a
10:37:48 proclamation by Mr. Miranda.
10:37:50 >>JOHN DINGFELDER: On number 3 if I could ask you a
10:37:54 question.
10:37:55 Before it's read.
10:38:00 This is -- I asked the clerk for a copy of the
10:38:03 ordinance, amending the sidewalk ordinance, basically
10:38:06 it appears that what it's doing is for affordable --
10:38:10 the main thing it's doing it appears is for affordable
10:38:12 housing.
10:38:14 It says if it's not practical to build a sidewalk, and

10:38:20 it's a single family affordable house housing unit
10:38:24 then trust funds shall not be required.
10:38:26 I think that's a good change.
10:38:27 The only thing I had a question about was, we were
10:38:30 supposed to be having workshop and discussion on all
10:38:34 these sidewalk issues.
10:38:35 And I'm just wondering why is it we are moving forward
10:38:38 with this one in advance of the bigger discussion, I
10:38:44 guess?
10:38:46 >>CHARLIE MIRANDA: I agree with Mr. Dingfelder to a
10:38:47 point, inasmuch as this was brought up during the
10:38:49 affordable housing program about a year ago, and it
10:38:53 was discussed then, and it was brought up for awhile
10:38:58 and then came back up and I think that's the reason
10:39:00 why it's here ahead of the other requests that wed to
10:39:02 determine the stability and workmanship of the
10:39:07 sidewalk ordinance as it is today.
10:39:08 But he's right in saying that.
10:39:10 But I also know that this was -- in other words, this
10:39:15 egg was in the hopper first and I believe that's what
10:39:17 happened.
10:39:18 >>JOHN DINGFELDER: So we are going to keep moving

10:39:21 forward with the other discussion.
10:39:23 All right.
10:39:24 I'll move it.
10:39:26 >>THOMAS SCOTT: Does the attorney want to say
10:39:27 anything?
10:39:28 >>JULIA COLE: Legal department.
10:39:30 Prepared to answer any question and reiterate what Mr.
10:39:32 Miranda said.
10:39:33 >>JOHN DINGFELDER: Move an ordinance of the city of
10:39:37 Tampa, Florida amending City of Tampa code of
10:39:40 ordinances chapter 22 streets and sidewalks section
10:39:42 22-103 providing for severability, providing for
10:39:45 repeal of all ordinances in conflict, providing an
10:39:47 effective date.
10:39:48 >> Second.
10:39:49 (Motion carried).
10:39:50 >>THE CLERK: Second reading and adoption will be held
10:39:53 on August 21st at 9:30 in the morning.
10:39:55 >>THOMAS SCOTT: Chair will now yield to councilman
10:39:58 Charlie Miranda.
10:40:03 >>> Mr. Chairman, honorable members of City Council,
10:40:25 I'm pleased and heartbroken at the same time.

10:40:28 As you well know, I'm sometimes very pleased and
10:40:30 sometimes very heartbroken, and this is a day that
10:40:35 it's an opportunity for an individual and sadness for
10:40:38 the hearts of the city employees and the work that
10:40:40 he's done, and on behalf of Tampa City Council, I
10:40:43 would like to present this commendation to we always
10:40:47 called him Vijay and I am not going to change that.
10:40:53 And you are the new replacement here, Tanya, right?
10:40:56 I thought I had it but I wasn't sure.
10:40:59 Come forward, please, both of you.
10:41:01 You know, for 20-some years, he has done an
10:41:05 outstanding job in different departments.
10:41:07 He's been the interim director of the solid waste
10:41:11 environmental program management for the City of
10:41:12 Tampa, and he's also been doing different works
10:41:16 throughout the city.
10:41:17 He has saved the city enormous amount of moneys in his
10:41:20 endeavors, and he's got an opportunity now that is
10:41:23 very difficult but very heartwarming for the people
10:41:27 that he's going to do the work for.
10:41:30 Vijay is going to a country that is right now
10:41:34 unstable.

10:41:36 And he's going to Iraq to work in the infrastructure
10:41:40 and the cleaning up -- cleaning up in Baghdad.
10:41:44 So he is a man to be honored.
10:41:46 He's one of the unknown heros of this community that
10:41:49 has been behind the scenes.
10:41:51 And although we recognize him, a lot of people
10:41:54 recognize him, the department loves him, they are
10:41:56 going to love his replacement as well.
10:42:01 And it's difficult to tell someone that we care about,
10:42:05 thank you for the good work, and now you are leaving
10:42:07 us.
10:42:08 But he's doing a job that very few of us would want to
10:42:13 do.
10:42:14 He's going to an area very uncertain.
10:42:16 He's going to be working very diligently to bring back
10:42:19 infrastructure of not only that city, more than likely
10:42:24 somewhere along the line of a whole country, where it
10:42:27 should be, and we are honored that he gave us his time
10:42:30 and his presence of life during those 22 years of
10:42:34 service to the City of Tampa.
10:42:35 I'm not going to read the whole commendation, but I
10:42:39 think I have said enough, and maybe I haven't said

10:42:41 enough, because a lot of words cannot express what
10:42:43 this individual has done for the city, for the
10:42:46 employees of the city, and for the taxpayers of this
10:42:49 great city.
10:42:49 So I'm honored to bring this commendation, with
10:42:53 sadness, that he's leaving us to do a better job,
10:42:57 because the opportunities are great, but the risks are
10:43:00 even greater.
10:43:01 Vijay, we are certainly proud to have you do what you
10:43:03 are doing, and we are very appreciative, and I'm sure
10:43:06 that Tanya here is going to do the same thing and
10:43:10 follow not only in your footsteps but set higher
10:43:14 standards going forward.
10:43:15 And here's a commendation presented to you by Tampa
10:43:17 City Council on behalf of Chairman Scott and the
10:43:19 honorable members of this great body.
10:43:23 Thank you very much.
10:43:24 [ Applause ]
10:43:30 >>THOMAS SCOTT: Before you speak, Councilwoman, some
10:43:39 comment and then I'll close out.
10:43:40 >>LINDA SAUL-SENA: It's always been a pleasure to work
10:43:43 with you.

10:43:44 You're open, you're progressive, you embrace green
10:43:47 ideas which council appreciated, and we wish you so
10:43:52 well in what you do next.
10:43:53 I hope you send back e-mails and they get shared with
10:43:56 us.
10:43:57 But it's just been a joy to work with you over these
10:43:59 years.
10:44:01 >>> Thank you.
10:44:02 >>MARY MULHERN: Vijay, we are very sad to hear you are
10:44:06 going and totally in awe of what you are taking on in
10:44:10 your next endeavor.
10:44:12 And I want to just wish you all the best.
10:44:15 And I have to speak for the principal of Mitchell
10:44:20 elementary who was one of the many, many customers
10:44:24 that you helped in my time here, and also I have got
10:44:28 to say that you are probably one of the -- if not the
10:44:32 favorite person that our aides have to call on
10:44:36 regularly, because we get instantaneous response from
10:44:40 you.
10:44:40 And everyone at Mitchell elementary thanks you for
10:44:44 making sure that garbage gets picked up.
10:44:49 >>> Thank you.

10:44:52 I really appreciate -- I was not expecting any of
10:44:56 this.
10:44:57 I learned a lot since I came to the city, and did
10:45:01 different jobs, and I learned a lot.
10:45:07 Now this knowledge, I get an opportunity to use
10:45:10 somewhere else where it's needed most.
10:45:15 And I thought about it, and I didn't think it was
10:45:22 going to materialize this way, so I'm up to it, and I
10:45:28 am going, and they need a lot work done there than
10:45:36 here.
10:45:36 I learned to do stuff from here and I can now take it
10:45:39 and apply it where it's needed most.
10:45:42 So I appreciate all of this.
10:45:43 And I never regret, I enjoy every day, and I have been
10:45:51 through good times, bad times, tough times, but every
10:45:54 day I enjoy coming to work, and keeping my house here,
10:46:02 and I am coming back.
10:46:03 And this is going to be my home.
10:46:07 Thank you.
10:46:07 I appreciate all of you.
10:46:09 >>THOMAS SCOTT: Well, thank you, Vijay.
10:46:11 Thank you very much.

10:46:12 And you will be missed.
10:46:14 And just know that our prayers are with you, and that
10:46:18 you will come back to Tampa safe.
10:46:19 >>> Thank you.
10:46:21 I appreciate that.
10:46:25 >>THOMAS SCOTT: We will now take up -- also I want to
10:46:27 recognize our new solid waste director as well is
10:46:30 here.
10:46:31 Good to see you.
10:46:37 >>> Good morning, chairman and council members.
10:46:39 It's an honor for me to be a part of this.
10:46:42 I'm Tanya Brickhouse, the new director of department
10:46:45 of solid waste and program management.
10:46:49 You caught me by surprise as you probably realize,
10:46:51 because it's all about Vijay today.
10:46:53 But I want you all to know that I'm excited about
10:46:55 being here, and I see lots of opportunities to use
10:47:00 talents, had an opportunity earlier this week to spend
10:47:02 some time today with David McCary who was in town
10:47:07 and what an awesome opportunity.
10:47:08 I talked to him about he laid the foundation, and now
10:47:12 the Brickhouse season it's time to build on that

10:47:15 foundation.
10:47:16 I'm excited being here.
10:47:18 It's my pleasure and I'm excited about being part of
10:47:21 Vijay's transition, too, since I have experience with
10:47:27 aides.
10:47:28 So you caught me off guard but I'm glad to be here and
10:47:30 good to see all of you again.
10:47:32 >>THOMAS SCOTT: Thank you.
10:47:33 We will go to staff reports at the 10:30 time certain.
10:47:39 So we will move to item 31 has already been -- 33 has
10:47:48 already been addressed.
10:47:50 >>MARY MULHERN: Thank you, Mr. Chairman.
10:47:53 I would like to ask that we hear item 37, which we
10:47:56 asked Mr. Armijo to be here to talk about streetcar.
10:48:02 He was here at 10:30 and wonder if we can do that.
10:48:06 Move that up.
10:48:08 >>LINDA SAUL-SENA: Second.
10:48:09 >>THOMAS SCOTT: Moved and seconded.
10:48:11 (Motion carried).
10:48:13 Okay, we'll take up 37.
10:48:14 And Mr. Armijo, Executive Director for Hart.
10:48:19 And then we will come back to 34, take that issue up.

10:48:27 >>> Good morning.
10:48:29 David Armijo, the chief executive officer for Hart,
10:48:35 brought with me David, our chief financial officer
10:48:38 that I think many of you are familiar with.
10:48:42 Happy to be here today, to have an opportunity to
10:48:44 address the reorganization of the street car.
10:48:47 First let me say thank you for this opportunity to
10:48:49 address both yourselves and the public on this very
10:48:52 important issue.
10:48:53 Today I believe we are at a crossroads in the
10:48:55 provision of public transportation services.
10:48:58 Each day, each week, we have many more items and
10:49:01 issues about transportation and a number of different
10:49:04 ways both globally, regionally, certainly the high
10:49:07 cost of energy has changed the way we think about
10:49:11 travel, not just in Tampa but throughout this country.
10:49:14 We look at a lot of initiatives.
10:49:16 During the past year, it has been a significant year
10:49:19 in the growth of the services for Hart.
10:49:20 We have seen as much as an 8% annual growth.
10:49:24 We will be reporting later this week we have well over
10:49:26 a million rides again for the month and we are seeing

10:49:29 quite dynamic growth across the board.
10:49:31 This includes all of our services, the fixed route
10:49:33 services we provide bus and express services, regional
10:49:36 service, Hart plus, transit operation, and most
10:49:43 importantly streetcar operation we are here to discuss
10:49:45 today.
10:49:45 The Hart board is considering a number of issues and
10:49:48 has addressed the demand for street car service as
10:49:51 well as other programs we have within Hart both now
10:49:54 and in the future.
10:49:55 This will include implementing new services to respond
10:49:58 to the demand of transportation throughout this
10:50:00 region, including the two bus rapid transit lines, we
10:50:04 have a program right now within the central part of
10:50:06 Tampa.
10:50:07 And we will we are beginning the discussion process,
10:50:11 and in fact I'll be coming back late they are month to
10:50:13 talk about a light rail initiative that has been in
10:50:15 discussion for some time, and what does that many for
10:50:18 this region?
10:50:19 But this is only the beginning.
10:50:20 I believe there's a lot more analysis and work that

10:50:23 has to be to be done but most importantly how do we
10:50:27 fund these new services?
10:50:28 We are under a great deal of financial pressure in
10:50:30 this region as well as elsewhere in being able to
10:50:33 provide the services we have.
10:50:36 Just the increase in costs to our fuel for our
10:50:38 services this year is up nearly a million dollars over
10:50:41 previous years as we go forward.
10:50:43 We are fortunate to actually tie our fuel price to the
10:50:49 futures market.
10:50:50 We are paying much like Southwest Airlines, we are
10:50:50 paying closer to $2 for diesel as opposed to $3 plus,
10:50:55 but we are tracking the increase for next year's
10:50:57 budget will be closer to probably 3.5 dollars.
10:51:00 We are shopping around right now.
10:51:01 We have got to the end of September to find a new
10:51:04 contract on that.
10:51:05 So we are very pleased to see the numbers are coming
10:51:07 down a little bit right now but we are projecting
10:51:11 about an $800,000 bump in our budget for next year.
10:51:16 Marty is working with the city, the county staff, the
10:51:19 folks at Florida Department of Transportation, even

10:51:20 the new regional association TBARTA, as we start to
10:51:24 look at with our various spending partners how do we
10:51:28 address these challenges as we go forward?
10:51:30 But the question today is why reorganize the
10:51:32 streetcar?
10:51:36 The background to get a little bit of sense of the
10:51:39 challenges certainly today and in the future.
10:51:41 But how does this affect the streetcar?
10:51:44 Well, the streetcar is maturing.
10:51:46 It's now in its sixth year of operation.
10:51:48 We have been looking at a number of ways to deal with
10:51:50 the growth and the plans for that future.
10:51:53 We are currently carrying about 36 to 38,000 rides a
10:51:56 month.
10:51:57 We anticipate that we are probably pretty close to
10:52:01 last year's level 440,000 rides.
10:52:04 Streetcar since its inception operated as an entity,
10:52:08 as a separate independent contract to the city, and
10:52:13 Hart itself, through the THS board. The budget of the
10:52:17 streetcar operations is operated as a separate entity
10:52:20 and is budgeted separately and has a number of funding
10:52:21 elements to it that includes fare box recovery,

10:52:27 advertising, special assessments, grants and an
10:52:30 endowment. And I know this council is very familiar
10:52:30 with some of the challenges of the streetcar budget,
10:52:30 and the fact it's operated in a deficit mode.
10:52:39 Each year the streetcar has been a little short in its
10:52:41 budget and the shortfall has continued to utilize an
10:52:47 increasing amount of funding from the endowment.
10:52:51 During this past year we began updating the 20-year
10:52:53 plan, as we began looking at what we could do to
10:52:56 extend the streetcar.
10:52:56 So in order to do that, we had to find a way to
10:53:00 balance this budget.
10:53:01 There were a number of initiatives that the program
10:53:04 discussed last spring which included everything from
10:53:06 enhancing revenues and reducing costs.
10:53:09 More specifically in the case of cost, we are now
10:53:12 looking at going into fiscal year '09 with the first
10:53:15 balanced budget in the history of the streetcar.
10:53:17 However, to do that, we'll include minor increases in
10:53:20 revenue, but most importantly will include a reduction
10:53:24 of service cost.
10:53:28 Many of our services are now operating on a 15 minute,

10:53:33 which will be scaled back to about 20 minutes.
10:53:35 We will still have key services on weekends 15 minutes
10:53:38 with a service frequency of about four vehicles but
10:53:41 currently we are operating on peak and offpeak means
10:53:45 three vehicles.
10:53:45 Cost reduction budget will be a reduction of $490,000
10:53:49 which represents about a 17% reduction in the current
10:53:52 fiscal year '08 budget.
10:53:54 That will bring our budget to next year at $2 million
10:53:57 roughly.
10:53:57 Fiscal year '08 budget was about 2.4 million.
10:54:01 (Bell sounds).
10:54:02 In review of the street car operation it was Clare
10:54:04 that the streetcar is very dependent upon heart
10:54:07 services.
10:54:07 Although the street car operates with 25 staff
10:54:11 members, it operates with staffing that is provided
10:54:13 from our bus system, all the coach operators, the
10:54:16 service, mechanics, are in fact from the Hart family
10:54:20 of services.
10:54:22 Many of those services and operations are from our bus
10:54:25 operation at 21st street.

10:54:27 The connectivity of support services for the street
10:54:29 car is of course from within heart. This is also true
10:54:33 of our paratransit operation, our Hart plus, and
10:54:36 fortunately for the streetcar it has been operating as
10:54:38 a separate entity, it's been limited somewhat by its
10:54:41 budget, and a very restrictive budget that did not
10:54:46 allow the services that were required to maintain the
10:54:49 service to keep pace with inflation and all the other
10:54:52 associated costs.
10:54:53 So in part due to expenditures, staff and resources
10:55:01 were somewhat limited to greater efficiencies.
10:55:04 In a year in which we are already looking at 17%
10:55:06 reduction in the budget it was very difficult to add
10:55:09 another mechanic or servicer or whatnot.
10:55:11 Purpose of the street car reorganization is to in fact
10:55:14 integrate the service operation of the streetcar
10:55:16 within the park family of services.
10:55:18 Those services being the bus system and of course our
10:55:21 paratransit program.
10:55:22 Why do this?
10:55:24 This will provide in my mind a greater access to the
10:55:27 staffing and resource available within Hart.

10:55:32 On the latter, this includes both line and streetcar
10:55:36 functions.
10:55:36 On the latter, the previous streetcar structure
10:55:39 included both the streetcar manager and two assistant
10:55:41 managers within those 25 positions to manage the
10:55:44 service.
10:55:45 Having a manager in both the maintenance and the
10:55:47 transportation side, assistant manager reported to the
10:55:52 streetcar manager.
10:55:53 While this is not a great opportunity to manage the
10:55:55 system, it was also somewhat impractical and not very
10:55:58 cost effective.
10:56:00 The new organization structure splits the
10:56:02 responsibilities of transportation and maintenance
10:56:03 between two assistant managers, having them report to
10:56:07 manager that is support both bus and paratransit
10:56:10 operations.
10:56:11 These two manager versus access to greater amount of
10:56:13 resources, staffing, maintenance and facilities
10:56:16 support, but they will require -- services than the
10:56:21 previous structure had.
10:56:22 The elimination. Manager for the streetcar did result

10:56:26 in about a $100 that you savings within the budget.
10:56:29 That allowed staff to add those services that were in
10:56:32 fact underserved, including additional mechanic, to
10:56:36 add to the -- there was no mechanic at night.
10:56:40 And a maintenance attendant to assist those vehicles
10:56:45 to close down for the next day.
10:56:47 This will help in the maintenance of the fleet.
10:56:48 It was a results in a net reduction in the '09 budget
10:56:51 of $29,000.
10:56:52 And I believe that that's going to improve upon the
10:56:55 service of the street car.
10:56:57 And it will also help reduce or mitigate any
10:57:00 additional support required from the endowment.
10:57:02 I feel confident that changes we made will improve the
10:57:04 quality of services and Hart's commitment to improving
10:57:08 service now and in the future and I will be happy to
10:57:10 entertain any questions you may have.
10:57:12 >>THOMAS SCOTT: The chair recognizes Councilwoman
10:57:14 Mulhern.
10:57:15 >>MARY MULHERN: Thank you, Mr. Chairman.
10:57:17 I asked last weak to put this on the agenda, because
10:57:22 the Tampa historic street car board of directors had

10:57:30 not had a chance -- we had not had a meeting since Mr.
10:57:34 Armijo reorganized the streetcar employees.
10:57:40 It was a shock to everyone on the board, I believe,
10:57:47 from way heard from rumor, since we haven't been able
10:57:51 to meet, that the -- our manager, streetcar manager,
10:57:55 who is basically was the director of street car
10:57:58 operations, Ken Borchard, had been, I guess, laid off
10:58:04 or organized out.
10:58:06 And it happened in early July, I think, when after the
10:58:12 street car board had agreed not to meet in July
10:58:16 because so many people were on vacation, so it
10:58:19 happened while no one was really around, and there
10:58:22 wasn't any -- the only public discussion of this
10:58:28 happened, last week we had a Finance Committee meeting
10:58:30 of the streetcar board, but it was only attended by a
10:58:34 few members of the board and some members of Hart.
10:58:38 So I felt, since the city, through our CRA money, and
10:58:46 because the street car is operated in the city and
10:58:53 because the City of Tampa and Hart have an interlocal
10:58:56 agreement, the terms of which I think may have been
10:59:01 not adhered to in this decision, it agreed in the
10:59:10 operations agreement that there would be a

10:59:12 dedicated -- I am going to read it from a maintenance
10:59:17 staffing agreement.
10:59:18 Hart proposes to provide management and supervisory
10:59:21 staff that are assigned exclusively to the streetcar
10:59:23 system.
10:59:24 The manager and superintendent, supervisor, will have
10:59:29 a strong background in the maintenance field.
10:59:31 Staff to support the maintenance of the system will
10:59:34 fall into three categories.
10:59:36 It basically says, as it said there, the
10:59:39 superintendent will be dedicated, and also says that
10:59:41 we will have two dedicated maintenance people, which I
10:59:46 guess -- I assume we'll continue to have.
10:59:53 When it happened, there was no statement, and there
10:59:56 was no statement at our streetcar finance meeting last
11:00:00 week, that there was any cost savings involved, and I
11:00:03 find it hard to see how eliminating the manager, whose
11:00:09 responsibilities will still have to be fulfilled, and
11:00:12 I'm told will be fulfilled by the person recently
11:00:17 hired by Mr. Armijo to be the bus manager, or bus
11:00:25 operations manager, who doesn't have any experience
11:00:27 with rail, is not going to perform the duties, of who

11:00:31 is supposed to be a dedicated staff member.
11:00:36 The other reason why I felt like we needed to talk
11:00:38 about this here is because we keep having people from
11:00:43 other cities come in and talk about the rail system.
11:00:48 We have had in the city, the mayor has brought in
11:00:50 three different people from Dallas, from Salt Lake
11:00:53 City, and Denver?
11:01:00 Phoenix.
11:01:01 And the reality is, streetcar is light rail.
11:01:07 We have cars that are refitted and look like historic
11:01:12 Street cars.
11:01:14 But in reality the line that we have for the
11:01:18 streetcar, you could put a light rail car on them.
11:01:23 In fact that's one of the things that Mr. Borchard was
11:01:28 trying to get us a company to run modern light rail
11:01:34 car to run on the street car lanes as a demonstration.
11:01:37 So I am hoping with all our rail plans, and especially
11:01:45 because of the cost of fuel, everything has changed,
11:01:47 even in the last year in the way people are looking at
11:01:49 transit.
11:01:50 And of course for Tampa to actually be taking it
11:01:54 seriously is new.

11:01:56 And this is only -- I think we are at a point where we
11:02:03 have to have more transit.
11:02:04 And while bus rapid transit is a better option than
11:02:07 everyone driving their own car on the road, rail is
11:02:09 going to be the answer, because people will ride rail,
11:02:13 and rail presents -- transit oriented development, and
11:02:23 there's no evidence that bus light rail will do that.
11:02:29 While I think it's a very good solution in the short
11:02:31 term, I think that in looking and planning for rail,
11:02:34 which I know that Mr. Armijo is planning to do, we
11:02:37 need to keep in mind that we already have a light rail
11:02:42 system, and that we should be building on that.
11:02:46 And since our budget is going to grow smaller and
11:02:48 smaller, for everything, I think we need to
11:02:52 concentrate on the best and most efficient way to
11:02:56 provide that transit, and to stop polluting, and to
11:03:00 stop, you know, emitting all this carbon.
11:03:04 And unfortunately we are not going to have electric
11:03:07 buses.
11:03:07 Buses are going to be run by diesel.
11:03:10 And while it may be more expensive to put rail in the
11:03:16 operating costs of electricity, which is what light

11:03:18 rail and street cars, which are arguably the same
11:03:22 thing, and I would like to point out that to support
11:03:28 that, that there are 30 cities right now that are
11:03:32 looking into or planning for streetcar systems, not
11:03:36 light rail, streetcar.
11:03:37 And there are probably about 10 that are looking at
11:03:40 light rail.
11:03:43 I guess it's something we could debate, but I don't
11:03:46 think there's any point because the lines are the
11:03:48 same, and they are clearly more closely aligned.
11:03:56 Even if you think there's a difference between light
11:03:58 rail and streetcar, the street car and bus or rail and
11:04:01 bus.
11:04:03 And, oh, I had a question.
11:04:06 One question from Mr. Armijo, that I hadn't thought to
11:04:14 ask when I met with him yesterday.
11:04:16 Do you know what the total -- Florida Department of
11:04:20 Transportation and federal transportation authority
11:04:33 grants given in a year, do you know what that is?
11:04:35 >> I think David can handle that.
11:04:37 David?
11:04:40 >> Can you state your name and address?

11:04:42 >> David -- chief financial of Hart.
11:04:47 >> I'm referring to any grants, federal or state
11:04:50 grants, that Hart receives.
11:04:53 >>> We receive about $20 million in federal and state
11:04:58 grants on an annual basis.
11:05:00 >> So of that, I want to point out that of that 20
11:05:03 million, the streetcar gets, and Hart applies for
11:05:10 those grants for the street car system, we get $3,
11:05:13 000,000 a year in that money, which Hartline has the
11:05:19 ability, or the responsibility of programming for it.
11:05:24 And I would like to point out some of the other
11:05:27 revenue that the streetcar uses right now.
11:05:33 We get 150,000 a year from our CRA TIF budget.
11:05:40 The Port Authority contributes 150,000.
11:05:44 Our fare box for last year, I think, or projected for
11:05:49 this year, David can probably tell us this, 653,000,
11:05:56 and special assessment, which is one fund that will
11:06:02 only increase, because it's coming from the downtown
11:06:05 district, which we just saw from Bonnie Wise has had a
11:06:09 huge increase in tax revenue.
11:06:11 We get 521,000 from that.
11:06:14 And we have had to dip into the endowment, but clearly

11:06:18 the reason we have to do that is because we don't have
11:06:22 dedicated, you know, enough dedicated funding from
11:06:25 other sources.
11:06:25 So I just wanted this to be aired in public because
11:06:32 the street car board won't meet again until August
11:06:35 20th.
11:06:36 >>THOMAS SCOTT: Councilwoman Saul-Sena, and then
11:06:38 councilman John Dingfelder.
11:06:39 >>LINDA SAUL-SENA: I want to thank Mrs. Mulhern for
11:06:42 bringing this to us today.
11:06:43 We all know what we read in the paper and it's really
11:06:46 helpful to have a direct conversation about the state
11:06:48 of the street car.
11:06:52 I very much appreciate, Mr. Armijo, your explanation.
11:06:55 It's been my experience that for an entity to be
11:07:00 successful, it's helpful for them to have what I term
11:07:04 generally a grown-up in charge, an individual who is
11:07:08 tasked with being responsible for that entity.
11:07:11 The concern that I want to voice here is I appreciate
11:07:17 the ways that you are trying to save money.
11:07:19 It's certainly a concern to us all.
11:07:21 But that by removing this, there are two issues.

11:07:24 One of course is the lack of communication about it,
11:07:26 because it seems that this should have been done
11:07:28 certainly in concert with your board, with the
11:07:31 streetcar Board of Directors, and secondly, that this
11:07:35 leaves the streetcar without a person whose direct
11:07:40 sole responsibility is the advocacy for promotional
11:07:43 and responsibility for this.
11:07:45 And while it's a subset of heart's responsibility, the
11:07:48 streetcar is certainly an important enough entity to
11:07:52 deserve its own grown-up in charge, and that's a
11:07:55 concern that I want to voice, because it seems to me
11:07:57 that even smaller operations need that clarity of
11:08:03 responsibility, and the spokesman whose sole task was
11:08:08 making that entity successful.
11:08:14 >>JOHN DINGFELDER: Thank you.
11:08:18 David, thanks for coming over.
11:08:20 Ms. Mulhern, thanks for bringing him over, because I
11:08:23 think as Linda said, it is important to air these
11:08:25 things out and not just, you know, talk about them in
11:08:28 the newspaper.
11:08:29 But let me tell you, David Armijo that I observed over
11:08:33 the last year, and the reason I say this is being your

11:08:37 representative over on Hart, had a chance to work
11:08:42 closely with him on many issues, and I trust his
11:08:45 judgment tremendously.
11:08:48 He came to us, I think, indirectly from Dallas and
11:08:51 from Los Angeles, bringing great skill and knowledge
11:08:55 from those major areas and now he's bringing some new
11:08:58 people from those areas and I think that's always a
11:09:00 good thing.
11:09:01 It hasn't increased our budget because some of the
11:09:03 other people who have been there before left, and now
11:09:07 we have some new vision.
11:09:09 In regard to the streetcar, I don't think the
11:09:13 streetcar is hurting at all.
11:09:14 As a matter of fact, I think ridership is doing fairly
11:09:17 well.
11:09:19 Three or four months ago, David and his financial
11:09:24 David over there put great efforts into reorganizing
11:09:29 the budget of the streetcar and the operation of the
11:09:31 streetcar to make sure it was solvent.
11:09:34 The street car was heading -- it had been in the red
11:09:37 slightly and was headed even more into the red and I
11:09:40 think that some tough decisions had to be made, and

11:09:42 Mr. Borchard I met one time, he seemed like a very
11:09:46 nice chap, but tough decisions had to be made at the
11:09:51 management level to effectively eliminate one manager
11:09:55 and let some other managers do that same job.
11:09:58 And I think that's why we hire people from David
11:10:01 Armijo to make those tough decisions.
11:10:05 In regard to those management issues.
11:10:08 We are extending the streetcar.
11:10:09 Those plans are moving forward to bring it up into
11:10:12 downtown.
11:10:14 We have been very aggressive on that.
11:10:16 On the bus rapid transit, basically, $40 million from
11:10:21 the county to do two major routes.
11:10:23 And that is just the precursor.
11:10:26 Bus rapid transit is not something you just do and
11:10:28 forget about it.
11:10:29 At this time precursor to possibly changing those
11:10:31 routes over to rail, and bus rapid transit can be a
11:10:35 way to have transit oriented development.
11:10:39 Our ridership with Hart, and I believe the street car,
11:10:43 is at unprecedented levels, more than a million riders
11:10:46 a month on Hart buses, our express services are

11:10:50 overflowing, people are standing in the aisles,
11:10:53 obviously a big part of that is $4 a gallon.
11:10:55 But listen, we have to make hay while the sun is
11:10:59 shining and for rail and buses the sun is shining
11:11:02 right now and we have a good person to move forward on
11:11:04 those issues.
11:11:06 Light rail, we are doing an alternative analysis and
11:11:08 moving faster than TBARTA and frankly they don't like
11:11:11 it very much but Hart is moving faster than TBARTA,
11:11:14 you know, on these issues.
11:11:16 So we can possibly come next year, for 2010, with a
11:11:21 referendum to take to the people for a Tampa rail
11:11:24 line.
11:11:26 And at the same time we are in discussion was Pinellas
11:11:30 on ways that we can work better together across the
11:11:33 bay.
11:11:34 So those are just a handful of the things that I
11:11:36 scribbled down, you know, that I have worked closely
11:11:38 with David.
11:11:39 I'm not taking any credit.
11:11:40 David has worked hard on it and his people and I'm
11:11:43 proud of what he's doing.

11:11:44 It's unfortunate that he had the reorganization, it's
11:11:46 unfortunate that because it was summertime perhaps he
11:11:48 didn't have a chance to call the various streetcar
11:11:51 board members who I know have a very personal stake in
11:11:54 the streetcar, and feel very emotional about it.
11:11:57 But these are emotional decisions in tough times and I
11:12:04 trust him.
11:12:06 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
11:12:08 I, like my colleague Mr. Dingfelder, and everyone else
11:12:11 here, I have to believe in what's brought before me.
11:12:15 I don't sit on Hartline.
11:12:17 I admire those on council who do, and do an
11:12:20 outstanding job there.
11:12:22 I have to be cognizant of the fact that we are not in
11:12:25 very good times.
11:12:26 I can himself say that when you compare budgets, this
11:12:30 year you might have a greater increase in the buses
11:12:35 and the street car because of the very large
11:12:37 convention coming to town in the next few days, that's
11:12:40 the League of Cities.
11:12:42 Before, you know, we have to realize where were we,
11:12:46 where are we, and where are we going?

11:12:50 Before there was a convention center with in a
11:12:51 convention hotel.
11:12:52 Then at 5:30 the streetcar, the sidewalks were picked
11:12:57 up and brought back down at 7:30 in the morning.
11:13:00 Now you have a means where somebody comes in, they
11:13:03 say, look what Tampa has.
11:13:06 When you think of San Francisco, it's not always about
11:13:08 the New York giants and the 49ers, you think of
11:13:11 the bridge, you think of the street cars, the
11:13:14 collective things that make people remember the city
11:13:17 and what a great place it is to be there.
11:13:19 I can't be very definitive on what the troubles are
11:13:26 when you reduce your management team.
11:13:30 That's done, I would imagine, I assume, with great
11:13:34 cause for your whole system, for those that have
11:13:38 worked diligently for you, and I don't know the
11:13:40 gentleman but I'm sorry to see anybody leave, because
11:13:42 these are tough tames.
11:13:43 But in tough times, somebody has got to take up the
11:13:47 lead, and lead the rest of the troops through the
11:13:52 forest and you are the one chosen.
11:13:53 You are the one that knows what's going on, how it has

11:13:56 to be addressed and things of that nature.
11:13:57 I can also tell you that your revenues sometime in
11:14:01 September don't compare to 09 and 10 because they
11:14:05 won't be the same.
11:14:06 You have another large event coming to town where
11:14:08 people are very jubilant, will want to see new things
11:14:11 in the city and all the street cars, a lot of people
11:14:13 never see them.
11:14:14 Only we know about them because we live here.
11:14:17 But those revenues will go sky high.
11:14:20 And if you compare those revenues, you must make a
11:14:22 little note that they are high because of such and
11:14:26 such being in town, the Super Bowl.
11:14:28 So it's incumbent upon me to pass judgment on what is
11:14:32 brought before me and had the trust of the people that
11:14:37 sit on this council as our representative on those
11:14:40 boards.
11:14:40 So I think you have done your due diligence.
11:14:43 I can't tell you how you did it because I'm not a
11:14:46 member, I don't know how and when, but I'm assuming
11:14:48 you did.
11:14:49 But Harry Orr who was the city transportation director

11:14:52 once told me a long time ago, we had little tokens,
11:14:58 and he says, when we give up our right to run our own
11:15:02 city bus line, city transit, I think it was called,
11:15:05 you are going to see chaos.
11:15:06 And the reason that he was saying that is because then
11:15:10 you have to service an area largely that had no
11:15:15 population and somebody wanted a bus service and under
11:15:17 federal regulations that were giving you money you had
11:15:20 to run a bus out there, and the losses became
11:15:24 insurmountable.
11:15:25 Now the population is catching up to all the things
11:15:28 they had to do to get the funding and here's what
11:15:31 where we sit today. So it's incumbent upon myself to
11:15:35 pass judgment on what I see.
11:15:36 Since I don't know how or why, I can only say that I
11:15:39 have to rely on you, sir, to do the right thing.
11:15:43 Thank you, Mr. Chairman.
11:15:44 >>THOMAS SCOTT: Let me just follow up and just say
11:15:48 that, you know, we have a myth that given the budget
11:15:52 constraints that we are under that there has to be
11:15:54 cuts and there has to be adjustment.
11:15:56 We might as well face that.

11:15:58 I mean, where we are today with the economic downturn,
11:16:01 what the legislature did, you have to look at your
11:16:06 whole structure, and you have to make some tough
11:16:09 decisions.
11:16:13 I have complete confidence in Mr. Armijo.
11:16:18 We met a few times and talked about this whole issue
11:16:21 of light rail.
11:16:23 It's on our agenda for the 28th.
11:16:25 We have a plan that's being brought back to us that's
11:16:28 going to, I believe, move forward, enhance the City of
11:16:31 Tampa, and Hillsborough County as councilman
11:16:36 Dingfelder said, and so I think that he has -- his
11:16:44 judgment has looked at the overall structure and made
11:16:48 the decision that would be best for this community,
11:16:51 given the environment that we are now in, and the
11:16:55 budgetary constraints.
11:16:58 So I feel confident that we are going to move forward,
11:17:03 and glad Mr. Dingfelder is there to also help look at
11:17:06 this particular issue.
11:17:08 What it sounds, though, Mr. Armijo, is that there was
11:17:14 concern about communication with the street car board.
11:17:16 That's what it sounded like I'm hearing.

11:17:18 But be that as it may, I think that we are on sound
11:17:24 footing.
11:17:25 You have done a tremendous job since coming and taking
11:17:27 over Hartline.
11:17:28 You reorganized Hartline, come on, let's face it, and
11:17:32 saved a lot of money, and service is doing great.
11:17:35 And so right now I am withholding my judgment and just
11:17:39 saying keep up the good work, and hopefully when we
11:17:46 have our meeting on the 28th everybody here can be
11:17:48 excited about the plans that we talked about that you
11:17:50 are bringing forward.
11:17:51 Councilwoman.
11:17:52 >>GWEN MILLER: Hearn?
11:17:55 >>MARY MULHERN: I want to add I have great respect for
11:17:58 Mr. Armijo and I think he's doing a great job with
11:18:03 transit and Hartline and especially with the bus
11:18:05 sometime.
11:18:06 But I'm on the streetcar board.
11:18:08 And as Linda put it so eloquently, it's such an odd
11:18:13 entity, the street car, because it does not have a
11:18:19 CEO, basically.
11:18:20 So we have got aboard that's a volunteer board, we

11:18:23 have an interlocal agreement between the city and
11:18:25 Hartline, the city is responsible if the funding
11:18:30 doesn't become available, the city is responsible to
11:18:32 pay for it.
11:18:34 And to clarify one thing, the streetcar board has
11:18:43 given -- or Hart is providing the operation, the
11:18:46 management of the street car board, because we have
11:18:49 contracted with them to do that.
11:18:51 So it's all very convoluted but basically the
11:18:55 streetcar board contracts with Hart to operate it.
11:18:58 So I think because of that alone, I wish that we had
11:19:03 been involved in this decision of reorganization.
11:19:06 And I feel really strongly that, as Linda said, we
11:19:12 have got to have somebody, one person, in charge, and
11:19:16 they can be in charge, and were and are in charge
11:19:20 under the direction, and hired by Hartline because we
11:19:24 contracted with heart lane to run it.
11:19:25 But they are they're still at least was one person who
11:19:29 that was his dedicated job.
11:19:31 And I do just want to make sure -- I think the street
11:19:38 car board will be talking to our attorney about
11:19:40 whether there is a question about the agreement.

11:19:45 And I would like the city's legal department to look
11:19:48 into whether there is any question of the interlocal
11:19:55 agreement between the city and Hartline.
11:19:59 And I want to thank Mr. Armijo for coming today and
11:20:02 explaining all this to us.
11:20:04 And I did want to point out that the total savings
11:20:09 that Hart is gaining in this, with this layoff and
11:20:14 reorganization, is only $29,000.
11:20:18 And I think that we are going to have to compare that
11:20:21 in the future with not having a dedicated director of
11:20:26 the street car system.
11:20:28 So thank you.
11:20:30 >>> Thank you very much.
11:20:31 I look forward to further conversation.
11:20:33 And certainly I take it to heart, but good
11:20:37 communication is necessary and I do plan to be at the
11:20:40 next meeting and plan to move in that direction.
11:20:43 I'm sure as we move forward that we will see some
11:20:45 better opportunities ahead of us.
11:20:47 I have asked Chuck Booth to join us on the 28th.
11:20:54 These are exciting times.
11:20:55 I sit on the reauthorization committee nationally.

11:20:58 We are in a very major battle within our own industry
11:21:02 to try to control it.
11:21:03 There's a number of us who think we should be much
11:21:05 more bold as we go forward.
11:21:07 There are those who think we should be more
11:21:08 conservative and try to keep pace with the past.
11:21:11 Reality of spending in this nation on transportation
11:21:14 is fuel, for gas taxes which are in decline.
11:21:17 It's great that the Congress made a decision to
11:21:20 improve on MPG, to actually reduce our transportation
11:21:25 funding in the future so we are going to have to look
11:21:28 at new ideas both nationally and locally.
11:21:30 I would want to say one last thing as we go forward
11:21:33 with the program, and one of the reasons it's going to
11:21:35 be critical to get the public support and the
11:21:37 political support locally, in the last restarts there
11:21:40 were actually 35 cities attempting to start light rail
11:21:44 systems in the United States.
11:21:45 Only six cities were funded.
11:21:47 And Mr. Booth was involved with those.
11:21:48 He will be able to have a lot more inside discussion
11:21:51 so we have a lot of work to do here locally on how we

11:21:53 can put ourselves in a very competitive mode as we go
11:21:56 forward.
11:21:57 Looking forward to that conversation.
11:21:59 >>THOMAS SCOTT: And Mr. Booth also gave a presentation
11:22:03 to the county's transportation task force, did an
11:22:08 outstanding job.
11:22:09 >> We are fortunate we have him.
11:22:10 >>THOMAS SCOTT: So we look forward to having him on
11:22:12 the 28th.
11:22:14 Councilwoman Saul-Sena, then we need to move.
11:22:17 >>LINDA SAUL-SENA: I just want to say that City
11:22:18 Council has been consistently supportive of transit
11:22:21 and all its forms.
11:22:22 We recognize the value to the community.
11:22:24 We'll make the land use to support decisions to
11:22:27 support it.
11:22:28 And we will be your ally in moving this ahead.
11:22:32 >>THOMAS SCOTT: Thank you very much.
11:22:34 Thank you.
11:22:35 Item 34.
11:22:41 >>DENNIS FERNANDEZ: Architecture review and historic
11:22:46 preservation manager.

11:22:48 I will be happy to give you any input on the motion.
11:22:55 >>LINDA SAUL-SENA: Okay.
11:23:00 The challenge has been communication, classically,
11:23:03 between the people who issue the COs and your staff,
11:23:08 and the people who issue COs, look at the usual very
11:23:13 basic expectations, is the house far enough away, does
11:23:16 it have electricity, you know, does it pass plumbing
11:23:23 inspection?
11:23:23 In the past there's been a problem with not paying
11:23:25 attention to those greater expectations and fine a
11:23:29 level of detail that historic buildings need to make
11:23:31 sure that they are compliant before the COs are
11:23:34 issued.
11:23:34 And then after somebody gets their CO it's very
11:23:37 difficult to make them comply after the fact.
11:23:40 So what I need from you is some edification about how
11:23:47 this is going to be better in the future.
11:23:50 >>> One thing we are looking at closely is
11:23:52 construction services division.
11:23:54 They are doing a process evaluation right now.
11:24:00 Part of that has been a consultant that they brought
11:24:02 in.

11:24:02 And the Historic Preservation Commission has been
11:24:05 involved closely with that analysis.
11:24:11 What the goal is at the end of that analysis is to be
11:24:14 more embedded within the inspection process that's now
11:24:18 going on through the building inspectors.
11:24:21 We do have a historic preservation inspector who is
11:24:26 assigned to our division and who goes out and looks
11:24:28 for many of the issues that you do.
11:24:30 But as you say, sometimes the changes occur and then
11:24:33 you have to deal with it going backwards, and that's
11:24:36 always very difficult.
11:24:37 And sometimes unavoidable no matter what process you
11:24:39 have in place.
11:24:40 But we are closely looking.
11:24:41 We do expect that that's going to be coming to a close
11:24:45 very soon.
11:24:47 I know Mr. Barrios is going to be doing some seminars
11:24:55 with the consultant and giving us feedback, and then
11:24:58 from there, would create the process by which our code
11:25:02 enforcement officer is part of the sign-off process
11:25:07 involving the building inspectors currently.
11:25:11 >>LINDA SAUL-SENA: Thank you.

11:25:12 That is exactly what we need to do. It's what we
11:25:14 needed to do for years and I'm glad that we are
11:25:16 getting there.
11:25:17 If you were to come back and give us a final report on
11:25:19 what's happened and whether that one inspector is
11:25:22 adequate to review the number of plans, I really don't
11:25:25 have a sense of how many there are.
11:25:26 And whether there's going to be additional training
11:25:29 for regular inspections staff to make them aware, oh,
11:25:34 in a historic district, if it's a historic structure,
11:25:36 we need to make sure that this inspector is there.
11:25:39 Would 60 days or 90 days give you adequate time to
11:25:42 report back to us?
11:25:45 >>> Because this is really dependent on the outside
11:25:47 consultant I would request 90 just so that we are --
11:25:50 >>LINDA SAUL-SENA: Thank you.
11:25:51 Mr. Chairman, I would like to ask for a staff report
11:25:53 back in 90 from you on how we are progressing.
11:25:56 >> Second.
11:25:57 >>THOMAS SCOTT: Council?
11:26:02 >>JOHN DINGFELDER: Before we vote on this, the reason
11:26:07 I made this motion, there's some folks in Hyde Park

11:26:10 that have been involved in preservation for a long
11:26:13 time, you know, that question about, you know, the
11:26:18 interrelationship about departments and your good
11:26:21 efforts to try to preserve things as compared to
11:26:23 building inspectors' efforts to, you know, which might
11:26:27 not be as focused on preservation.
11:26:29 So between now and the 90 days if you could just make
11:26:34 sure you go out and meet with -- you know who those
11:26:37 groups are, meet with those folks and see what their
11:26:40 questions and concerns are because I sent them the
11:26:42 memo you all sent me and kind of said, yeah, that
11:26:46 looks good on paper but I think they were still a
11:26:50 little skeptical, so maybe you can go and give them
11:26:53 some reassurances.
11:26:54 >> Sure, I will do that.
11:26:55 >>LINDA SAUL-SENA: So my motion would be not only that
11:26:57 you come back in 90 days but that Mr. Barrios would,
11:27:00 because the good thing is that both you and he serve
11:27:03 under construction services.
11:27:04 So you are in the same department, but you are
11:27:09 physically in different places, and this is really
11:27:12 about making our systems more efficient and

11:27:15 communicating better and being more vigilant.
11:27:17 >>THOMAS SCOTT: There's a motion.
11:27:19 Moved and seconded.
11:27:20 (Motion carried).
11:27:24 So moved.
11:27:27 >>THOMAS SCOTT: Okay.
11:27:28 Go now to our committee reports.
11:27:30 Public safety.
11:27:32 Councilwoman Miller.
11:27:34 >>GWEN MILLER: Move resolutions 4 and 5.
11:27:37 >> Second.
11:27:37 (Motion carried).
11:27:38 >>THOMAS SCOTT: So moved.
11:27:44 Councilwoman Saul-Sena, parks and recreation.
11:27:46 >>LINDA SAUL-SENA: I would like to move items 6
11:27:50 through 10.
11:27:52 >>JOHN DINGFELDER: Second.
11:27:52 >>THOMAS SCOTT: All in favor signify by saying Aye.
11:27:56 Opposed same sign.
11:27:57 So moved.
11:27:58 Public works, councilman Dingfelder.
11:28:01 >>JOHN DINGFELDER: I'll move items on behalf of Mr.

11:28:04 Miranda, items 11 through 15.
11:28:06 >>: Second.
11:28:06 >>THOMAS SCOTT: Moved and seconded.
11:28:09 (Motion carried)
11:28:11 Finance Committee.
11:28:13 >> On behalf of Ms. Mulhern, I'll move item 16.
11:28:18 >>LINDA SAUL-SENA: Second.
11:28:19 (Motion carried).
11:28:20 >>THOMAS SCOTT: Building and zoning, Councilwoman
11:28:26 Saul-Sena.
11:28:27 >>LINDA SAUL-SENA: Thank you, Mr. Chairman.
11:28:28 I would like to point out some of the donations of tax
11:28:33 credits and things.
11:28:34 We are doing well in terms of getting people to
11:28:38 renovate buildings for the state tax credit.
11:28:41 And I wanted to share with you all at the Florida
11:28:43 trust meeting last week.
11:28:45 I think there's a 30% tax credit for ten years, which
11:28:49 is a big carrot.
11:28:51 I'm looking -- we discussed and everybody seemed to
11:28:53 support the idea of a 15% tax credit, if you just
11:28:57 mothball the building properly, which will give our

11:28:59 staff additional incentives to tell the public, you
11:29:02 don't have to fix it up, just don't let them fall down
11:29:05 while it's under your ownership and you will get a tax
11:29:08 credit for adequate mothballing which I think will be
11:29:12 a big help to us.
11:29:13 And I also wanted to share that the idea of schools
11:29:16 being exempt from local rules is a problem statewide.
11:29:18 In Sarasota they are about to lose a real famous
11:29:20 school building by an outstanding international
11:29:24 architect because the school system let it fall apart.
11:29:28 So there's interest statewide in changing the
11:29:31 protection of historic state structures and schools to
11:29:35 be protected.
11:29:36 With that explanation I would like to move resolution
11:29:39 17 through 24.
11:29:40 >> Second.
11:29:43 >>THOMAS SCOTT: Moved and seconded.
11:29:45 (Motion carried).
11:29:46 Transportation, councilman Dingfelder.
11:29:47 >>JOHN DINGFELDER: I'll move items 25 through 30.
11:29:52 >>CHARLIE MIRANDA: Second.
11:29:53 (Motion carried).

11:29:55 >>THOMAS SCOTT: Council, I believe that conclude most
11:29:59 of all our items we have on our agenda.
11:30:02 >>MARTIN SHELBY: We have a couple, Mr. Chair, if you
11:30:04 don't mind.
11:30:05 With regard to item 31 which is set for 9:30 time
11:30:08 certain, that has to be continued, second adoption
11:30:11 public hearing, although I don't have a date certain
11:30:13 at this point.
11:30:14 But it is a continued public hearing.
11:30:22 >>CLERK: From my understanding this is going to be
11:30:24 placed in the August cycle.
11:30:26 >> So move to strike it from the agenda?
11:30:29 >>: That would be the appropriate thing.
11:30:30 >> Second.
11:30:31 (Motion carried).
11:30:31 >>MARTIN SHELBY: With regard to item 32 that cannot be
11:30:35 heard today.
11:30:36 >> Move to strike that.
11:30:37 >> Second.
11:30:41 >> All in favor signify by saying Aye.
11:30:44 Okay.
11:30:48 Is that it?

11:30:49 >>JOHN DINGFELDER: Till 1:30.
11:30:55 >>LINDA SAUL-SENA: What about 35?
11:30:59 >> When you make a motion changing the agenda you are
11:31:02 including those items.
11:31:11 Anything else that needs to come before council?
11:31:15 Need a motion to receive and file.
11:31:19 >>CHARLIE MIRANDA: So moved.
11:31:20 >>LINDA SAUL-SENA: Second.
11:31:20 (Motion carried).
11:31:23 >>GWEN MILLER: New business?
11:31:24 >> Yes, new business.
11:31:26 >>GWEN MILLER: I have some.
11:31:27 >>THOMAS SCOTT: You go ahead.
11:31:28 >>GWEN MILLER: I would like to make an announcement
11:31:30 that all across America is going to be a million March
11:31:37 and they have been doing this oh to support education
11:31:39 and excellence in all the American schools.
11:31:41 So on the first day of school, all fathers,
11:31:45 stepfathers, grandfathers, nephews, whoever can take
11:31:49 their child to school on the first day of school,
11:31:52 trying to get a million fathers out on the first day
11:31:57 of school.

11:31:58 So if you know anybody taking their children to school
11:32:01 on the first day.
11:32:09 First day of school, all fathers.
11:32:14 >>JOHN DINGFELDER: The -- my office has gotten some
11:32:19 calls, and you all are going to laugh, doggie dining
11:32:23 ordinance that we passed about two years ago.
11:32:27 The implementation of it, basically this is to allow
11:32:32 people to bring their pets and be able to eat out and
11:32:36 sit there pets underneath them while they eat in the
11:32:38 patio.
11:32:39 Anyway, we passed the ordinance a couple years ago,
11:32:42 but the implementation of the ordinance currently has
11:32:44 been a little difficult, including out on Davis
11:32:47 Island.
11:32:49 So I would like a report from city staff, let's say on
11:32:55 the 18th of September, to perhaps go talk to the
11:33:01 folks out on the restaurants, out on Davis Island,
11:33:05 that they are having trouble with this, and bring back
11:33:06 a report to us in regard to what we can do to the
11:33:09 ordinance, and/or the implementation of the ordinance
11:33:12 to make it easier.
11:33:13 >>LINDA SAUL-SENA: Second.

11:33:15 >>JOHN DINGFELDER: For the restaurants to do this.
11:33:17 >>THOMAS SCOTT: Moved and seconded.
11:33:18 (Motion carried).
11:33:24 >>THOMAS SCOTT: Mr. Miranda?
11:33:32 >>CHARLIE MIRANDA: No.
11:33:34 >>THOMAS SCOTT: Councilwoman Saul-Sena.
11:33:37 >>LINDA SAUL-SENA: The good news is that Davis Island,
11:33:40 speaking of Davis Island, has a number of great
11:33:42 restaurants.
11:33:43 In fact, I think it's competitive now.
11:33:49 I think.
11:33:51 Think we have a total of eleven new restaurants.
11:33:54 How far there's been some resistance from the city
11:33:56 transportation department to allowing these
11:33:59 restaurants because they say there aren't enough
11:34:02 parking spots.
11:34:03 And the reality is that the two blocks of commercial
11:34:07 development on Davis Island is historic.
11:34:08 It's unusual in that it's angled, it has day and night
11:34:14 uses which have sort of figured out a way to
11:34:16 peacefully coexist in terms of sharing parking.
11:34:19 I attended the Davis Island civic association meeting

11:34:21 the other night, and people said we do not want
11:34:24 structured parking, but we really like the variety of
11:34:27 uses, so we figured out, people walk, people bike
11:34:30 ride, people park in the bank's parking lot, if the
11:34:33 bank isn't open.
11:34:34 There are ways to support all this.
11:34:37 So what I would like to do is request that the
11:34:40 transportation department -- I know that we can't, you
11:34:43 know, tell the administration what to do.
11:34:45 So I'm asking if they would consider the commercial
11:34:48 two blocks on Davis Islands which are part of the
11:34:51 original Davis Island plan to be historic, and
11:34:56 grandfathered, and not require additional parking
11:35:02 other than what exists, because frankly it has
11:35:06 historically existed, it's worked well, the island
11:35:08 residents really enjoy the variety of uses, and they
11:35:12 figured out how to park, and I haven't received
11:35:15 complaints.
11:35:15 I don't know about you, Mr. Dingfelder, but I know
11:35:18 that if Davis Island residents were unhappy we would
11:35:23 hear from them.
11:35:24 Fact we haven't heard complaints seems that the

11:35:27 historic pattern has worked well and our
11:35:29 transportation department should simply consider this
11:35:30 historic circumstance, and allow businesses to go
11:35:35 forward without providing additional parking.
11:35:42 >>JOHN DINGFELDER: You want a report?
11:35:44 >>LINDA SAUL-SENA: Yes.
11:35:45 Thank you.
11:35:45 A staff report, in maybe a month.
11:35:48 And what we can do is have Dennis Fernandez provide
11:35:54 them the fact this is historical.
11:35:56 I can provide it to them, and that she should just
11:35:58 recognize it and there are other places in town where
11:36:01 we have, you know, historical parking situations for
11:36:04 part of the commercial development, that I don't think
11:36:06 should have to meet suburban standards.
11:36:08 >>JOHN DINGFELDER: I'll second it.
11:36:11 I think your point is not to make it historic
11:36:13 preservation, not that type of historic.
11:36:15 You're saying more grandfathered type thing.
11:36:17 >>LINDA SAUL-SENA: Thank you.
11:36:18 >>JOHN DINGFELDER: And the 18th again is September
11:36:21 18th is a regular meeting.

11:36:23 I don't know if folks could --
11:36:29 Mr. Shelby?
11:36:30 >>MARTIN SHELBY: Without having done the research, I
11:36:32 would assume that the transportation department is
11:36:33 implementing something that may have its origin in the
11:36:37 code, so that may be something that requires the code
11:36:40 to be looked at, to allow that.
11:36:42 Transportation department to accommodate your request.
11:36:44 >>LINDA SAUL-SENA: Mr. Shelby, this has been something
11:36:47 that I have brought up for a decade, and it's all the
11:36:50 form based zoning thing which God willing will happen
11:36:53 in a year and a half in Seminole Heights and five
11:36:55 years from now get to the rest of the city, and I'm
11:36:57 simply saying that we shouldn't make small business
11:37:00 owners crazy in the interim.
11:37:01 We should recognize that this is something we need to
11:37:04 do rapidly because we have a suburban code and we have
11:37:07 an urban city.
11:37:08 And transportation is waiting to work with land use,
11:37:12 and it's just taking forever.
11:37:16 >>CHARLIE MIRANDA: Isn't it nice we are talking about
11:37:19 something that is so successful that we have created a

11:37:21 problem?
11:37:24 I know it's -- when Lou at the two parking spaces, and
11:37:31 I was a very young man, there used to be a roller
11:37:34 skating rink just to the west there.
11:37:35 I used to go skating, and that little thing was very
11:37:40 nice and so forth and so on.
11:37:42 But what I'm saying is that in that two-area block, a
11:37:45 lot of business has been successful especially the
11:37:49 restaurant business, and they are not going to get any
11:37:51 more spaces, they are not going to lose any more
11:37:54 spaces without the study, but the problem is just like
11:37:56 when we have things that open up in proximity of
11:37:59 Kennedy Boulevard, the parking goes into the
11:38:02 neighborhoods.
11:38:02 And some of these neighborhoods, that Davis Island is
11:38:06 the only neighborhood in the City of Tampa -- and I
11:38:09 said this before -- that does not have the traffic
11:38:12 light and it's a compliment to them for the way they
11:38:15 handle and it's a wonderful place to live, and it's
11:38:20 been doing very well on its own, and like said if it
11:38:26 wasn't doing very well on its own we would have known
11:38:29 by now but it's doing very well, and I applaud the

11:38:31 people.
11:38:37 >>LINDA SAUL-SENA: I would like to make a motion we
11:38:39 get a staff report back, and we said September
11:38:43 18th under staff reports.
11:38:44 >>THOMAS SCOTT: Seconded by councilman Dingfelder.
11:38:49 All in favor?
11:38:50 Opposes?
11:38:51 Okay.
11:38:54 >>GWEN MILLER: One more thing.
11:38:56 CRA is going to meet August 21st at 11 a.m.
11:38:59 >>JOHN DINGFELDER: Second.
11:39:01 >>THOMAS SCOTT: Moved and seconded for the CRA to meet
11:39:04 August 21st at 11 a.m.
11:39:06 >>MARTIN SHELBY: And what that will mean, council, is
11:39:10 as a City Council you would have to is go into recess.
11:39:14 Then you would have a CRA.
11:39:15 Then you would reconvene at council.
11:39:19 >>CHARLIE MIRANDA: Like the old days.
11:39:20 >>LINDA SAUL-SENA: Second.
11:39:22 >>THOMAS SCOTT: Okay.
11:39:23 So break for lunch at 12.
11:39:25 So one hour is going to be sufficient?

11:39:29 Okay.
11:39:30 Go ahead.
11:39:35 Moved and seconded.
11:39:37 All in favor?
11:39:38 Opposes?
11:39:39 Okay.
11:39:39 What about the other issue for the firefighters
11:39:45 contract?
11:39:46 Have you all looked for a firm date?
11:39:50 >>LINDA SAUL-SENA: Mr. Chairman, we are come back at
11:39:52 1:30.
11:39:53 Why don't we all take a look at our calendars and see
11:39:57 if 3:00 on September 4th would work.
11:40:00 >>THOMAS SCOTT: Well, what I asked Mr. Shelby to do is
11:40:03 look at everything, make sure we can work out
11:40:05 schedules.
11:40:07 >>GWEN MILLER: Isn't --
11:40:11 He needs to get have been on the same page.
11:40:16 >>MARTIN SHELBY: Council, I have not been in contact
11:40:18 with the firefighters.
11:40:19 I do not personally know their position.
11:40:25 >> Speaking on their behalf --

11:40:30 >> He can't do that.
11:40:32 >> What I suggest, excuse me, excuse me.
11:40:34 What I suggest, Mr. Shelby, you make contact with
11:40:37 them.
11:40:38 That's been part of the problem is that we have got
11:40:41 one side saying okay, another side saying not, and
11:40:45 come back and check.
11:40:47 That's been the problem.
11:40:48 Now, the administration can't speak for the union.
11:40:51 Can't do that.
11:40:52 That's why we are at an impasse now.
11:40:57 So you have to make contact with the union and with
11:41:01 administration and come back to us this afternoon.
11:41:03 Okay?
11:41:03 >> If I understand correctly, I would like clear
11:41:07 directions.
11:41:07 It's presently set for Friday the 22nd at 10 a.m.,
11:41:11 presently.
11:41:11 And one of the options that the administration is
11:41:15 requesting is sometime during the regular meeting of
11:41:17 the 4th.
11:41:17 >>THOMAS SCOTT: Right.

11:41:19 The existing date is the 22nd and the administration
11:41:22 is requesting the 4th.
11:41:23 We have not taken action on setting that date.
11:41:28 We can't do it now?
11:41:30 Which one you can't do?
11:41:36 That's a Friday?
11:41:36 >>CHAIRMAN: But you was okay with it.
11:41:43 >>JOHN DINGFELDER: Are we adjourning for the mayor's
11:41:46 lunch thing?
11:41:47 >>THOMAS SCOTT: Okay.
11:41:48 Any other business?
11:41:49 We stand in recess until 1:30.
11:41:52 Thank you.
11:41:56 (City Council recess until 1:30)
11:51:11
11:51:12

DISCLAIMER:
The preceding represents an unedited version of
realtime captioning which should neither be relied
upon for complete accuracy nor used as a verbatim
transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of
third party edits and software compatibility issues.
Any person who needs a verbatim transcript of the

proceedings may need to hire a court reporter.




Tampa City Council
Thursday, August 7, 2008
1:30 p.m. session

DISCLAIMER:
The following represents an unedited version of
realtime captioning which should neither be relied
upon for complete accuracy nor used as a verbatim
transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of
third party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.

[Sounding gavel]
13:38:06 >> Tampa City Council will now come to order.
13:38:09 Roll call.
13:38:11 >>CHARLIE MIRANDA: Here.
13:38:13 >>GWEN MILLER: Here.
13:38:16 >>MARY MULHERN: Here.
13:38:17 >>THOMAS SCOTT: Here.
13:38:19 We need to take up the two appeals that we have this
13:38:23 afternoon.
13:38:25 We probably need to get from the city attorney,
13:38:30 assistant city attorney, item number 39.

13:38:32 We'll take that one up first.
13:38:34 And we have a bit of a situation there.
13:38:39 >>CHARLIE MIRANDA: Open the hearing?
13:38:42 >> I don't think you should open -- well, you have to.
13:38:46 >> Make a motion to open number 3, Mr. Chairman.
13:38:48 >> Second.
13:38:48 (Motion carried).
13:38:51 >>JULIA COLE: Legal department.
13:38:54 I wanted to say for the benefit of council and for the
13:38:56 benefit of the audience as it relates to item number,
13:39:01 I believe, 39, that the city legal department had the
13:39:04 opportunity last evening to review the DVD which was
13:39:12 the review as well as the transcript in order to
13:39:14 prepare for the hearing.
13:39:15 We discovered at that time that the DVD and the
13:39:19 transcript contained -- there's a portion of it that
13:39:24 was not part of the case.
13:39:26 It actually sat for a period time and wept back on and
13:39:30 the transcript follows. That given the fact you do
13:39:32 not then have in front of you a complete transcript
13:39:35 nor do you have a complete DVD, your code has a
13:39:40 specific requirement that -- and because I know

13:39:43 there's a court reporter and I want to read that for
13:39:46 the purposes of the record, and this is section 27-373
13:39:58 subsection C subsection 7, it requires that when an
13:40:04 appeal is filed by an appellant, the appellant shall
13:40:09 file a copy of the record with the office of the city
13:40:12 clerk not less than ten working days prior to the date
13:40:18 of the city appeal hearing.
13:40:19 The record shall consist of verbatim transcripts of
13:40:23 the public hearing, a videotape, DVD or other similar
13:40:27 type of media of the public hearing, the application
13:40:31 and accompanying documents, staff report, and
13:40:35 recommendations, all exhibits, documentary evidence
13:40:38 and the decision of the board or commission.
13:40:43 And it is the determination of the legal department do
13:40:47 you not have the complete transcript nor do you have
13:40:49 the complete DVD.
13:40:51 Therefore, since did not receive and the clerk's
13:40:53 office did not receive a complete document, ten days
13:40:56 prior to the hearing, this hearing cannot move
13:40:59 forward.
13:41:00 We will need to continue it in order to allow the
13:41:04 appellant to go ahead, submit a full record, a full

13:41:12 transcript, a full DVD.
13:41:14 I do want to note for the record that when reviewing
13:41:16 this the legal department also noted that in fact
13:41:18 there was not the underlying decision, the request of
13:41:23 the appellant for the zoning administrator
13:41:26 determination.
13:41:26 That was also not part of the record.
13:41:30 That also as I just read needs to be part of the
13:41:33 record.
13:41:34 So I wanted to just give council that information and
13:41:38 let the people in the audience know, you are in a
13:41:40 position where it cannot move forward.
13:41:42 My recommendation is that we continue this -- and I
13:41:45 believe the date of October 2nd, we have
13:41:50 discussed, and if there's a problem with that I would
13:41:52 appreciate if anybody could just let me know and I can
13:41:55 come back and change that date, if we need to.
13:41:58 But my recommendation is that we continue this till
13:42:01 October 2nd.
13:42:02 I also want to state for the benefit of council and
13:42:05 for the benefit of the audience that it is the
13:42:09 appellant's burden to make sure the record is

13:42:12 complete.
13:42:12 We don't have a process where that is checked to make
13:42:15 sure if it's true or not.
13:42:18 That's something I believe we should look at.
13:42:20 But not withstanding what we should be doing in the
13:42:22 future, Ernie Mueller and myself from the legal
13:42:26 department will be sitting down with the attorney for
13:42:28 the appellant and the attorney for the third party
13:42:35 intervenor, because I don't know if he has status in
13:42:38 this from any other perspective, with those two
13:42:42 individuals, and we will be going through this record
13:42:45 page by page to make sure that the entire record on
13:42:49 this appeal is complete, so when it comes back to you,
13:42:53 this will no longer be an issue.
13:42:56 We will do that prior to the ten working days so
13:42:58 there's an opportunity to make sure the ninth day
13:43:01 prior to your hearing, tenth day prior to the hearing
13:43:04 that the record is complete.
13:43:05 And I apologize for any inconvenience this may cause.
13:43:08 It's just come to the attention of the legal
13:43:10 department last evening, and as soon as we found out
13:43:12 about it, we were trying to figure out legally where

13:43:17 we were.
13:43:17 We discussed the matter with Mr. Shelby over the lunch
13:43:20 period, and it is my recommendation that this is the
13:43:23 most appropriate course of action in this matter.
13:43:25 >>THOMAS SCOTT: Councilman Miranda.
13:43:28 >>CHARLIE MIRANDA: I don't think you need to apologize
13:43:32 nor to anyone in the audience.
13:43:34 I think what you have done is brought to surface the
13:43:36 problems legally that this thing might go to court and
13:43:42 to wait another six or eight months to get on the
13:43:45 calendar and then at that time they'll turn it down
13:43:48 because the record is incomplete.
13:43:49 I believe what you are discussing on the person who
13:43:52 answers some of these questions and the form, I think
13:43:55 it was Ms. Cole, she answered, but the question was
13:43:58 never posed -- the record if I remember reading
13:44:00 correctly.
13:44:01 There was some ambiguity there, and there was a lot of
13:44:07 discussions in the record.
13:44:08 I didn't look at the video.
13:44:10 I'll be honest with you.
13:44:10 I did read the transcripts.

13:44:12 And it's very hard to follow.
13:44:14 You have to understand that in 56 -- and I am not
13:44:20 going into the record but that's when it started, and
13:44:23 one side, the other side, and goes through the whole
13:44:26 shebang of understanding up to the present date, and
13:44:28 these things, if we spend the hours that we need to
13:44:31 spend today, we are going to duplicate them another
13:44:34 day, and the court is going to say, why did you do
13:44:37 this?
13:44:38 I'm not an attorney and I'm not a judge, but human
13:44:40 nature tells me when you go to court and you present
13:44:42 the total record, and we don't have a total record.
13:44:51 >>MARY MULHERN: I move to continue it.
13:44:52 But before that I want to point out that I watched the
13:44:55 videotape, and I know there was a gap at the end,
13:44:59 because it didn't even get to the vote.
13:45:06 But there were also some little glitches in there so I
13:45:09 don't know FHP there was stuff in the middle that got
13:45:11 caught out.
13:45:12 So you will be watching -- you will be previewing our
13:45:15 videos, our DVDs before we see them?
13:45:22 My question is, are you going to preview our DVDs?

13:45:33 >>> I'm sorry.
13:45:34 It is the intent, I believe, of the department to
13:45:36 appraise view everything with enough time to be able
13:45:39 to make this recommendation to you, and again we
13:45:43 didn't get -- there are some things we need to do in
13:45:46 the future to make sure this doesn't happen, but at
13:45:49 this point in time we did not have it to make that
13:45:52 happen.
13:45:53 We will make it happen.
13:45:54 >> So you and the appellant will watch the entire DVD
13:45:59 to make sure that we see everything that we are
13:46:01 supposed to --
13:46:02 >> Myself, Ernie Mueller who is the attorney who
13:46:05 represented the VRB and sat with the VRB during the
13:46:08 matter, the attorney for the appellant, and the
13:46:11 attorney for the underlying entity who appealed the
13:46:16 original decision.
13:46:16 >>MARY MULHERN: So I'll move to --
13:46:22 Do we need to hear from the other parties to make sure
13:46:24 that they understand, and state on the record?
13:46:29 >>JULIA COLE: If the appellant wants to make a
13:46:32 statement on the record as it relates to this

13:46:34 continuance, that is their purview.
13:46:37 We specifically do allow people to comment on the
13:46:40 record.
13:46:41 And I don't know how long that would take.
13:46:43 You may have a lot of people that want to stand up and
13:46:45 comment on it.
13:46:46 I will reiterate that.
13:46:48 It's my very strong legal opinion you cannot move
13:46:50 forward.
13:46:51 And it is speaking to the continuance only.
13:46:53 But the continuance is for the purpose of perfecting
13:46:57 the record.
13:46:57 >>THOMAS SCOTT: I wasn't tray to give the whole public
13:47:00 an opportunity.
13:47:01 I was just trying to give the applicator appellant an
13:47:05 opportunity to speak in terms of the continuance,
13:47:07 seeing that there's a no so we'll we will just move
13:47:11 forward with the vote.
13:47:12 It doesn't dop anybody any good to speak because based
13:47:16 on what our attorney told us we have to tap this
13:47:18 action anyway.
13:47:22 >> I'll second Ms. Mulhern's motion and I know a lot

13:47:25 of people with good intentions on both sides are here
13:47:27 this evening, but, however, I don't want to make them
13:47:30 come back three and four times.
13:47:33 They were good enough to show up today.
13:47:34 They made time on their schedule to show up.
13:47:37 And it's caused -- no one, on either side of the
13:47:45 petition has caused this, and we have an incomplete
13:47:47 record and that's all I can say.
13:47:49 >>THOMAS SCOTT: There's a motion for the continuance.
13:47:53 >>JOHN GRANDOFF: Address suite 3700 Bank of America
13:47:58 Plaza.
13:48:00 I have the pleasure of representing Mr. Ralph Hughes,
13:48:01 and Betty Hughes and Shea Hughes are with me this
13:48:10 afternoon.
13:48:10 We are the third party involved in the fact that the
13:48:12 Hughes family brought the original appeal to the VRB.
13:48:17 I want it plainly understood that we are prepared to
13:48:18 go forward this afternoon.
13:48:19 I totally agree with Ms. Cole's opinion to you,
13:48:23 however, and that a complete record is necessary.
13:48:26 I would just encourage all parties involved to make
13:48:28 sure that we had a thorough record and that we go

13:48:30 forward on October 2.
13:48:32 That day is acceptable to us.
13:48:33 Thank you.
13:48:36 >>THOMAS SCOTT: Okay.
13:48:39 The motion is October 2nd at 1:30.
13:48:43 October 2nd at 1:30.
13:48:45 >>MARY MULHERN: Move to continue to October 2nd.
13:48:47 >>THOMAS SCOTT: The motion made, seconded by
13:48:49 councilman Miranda.
13:48:51 All in favor of the motion signify by saying Aye.
13:48:53 Opposes?
13:48:54 So moved.
13:48:55 And ordered.
13:48:58 As you exit, please, if you can hold your conversation
13:49:08 down.
13:49:08 Council is still in session.
13:49:11 We move now to --
13:49:16 [Sounding gavel]
13:49:16 Council is still in session, if you will hold your
13:49:19 conversation down, please.
13:49:20 Council is still in session.
13:49:22 Exit quietly.

13:49:23 Thank you.
13:49:31 We will now move to our next item, item 40.
13:49:36 Item 40.
13:49:39 >>CHARLIE MIRANDA: So moved to open item number 40.
13:49:41 >>THOMAS SCOTT: All in favor signify by saying Aye.
13:49:44 Opposes?
13:49:44 So moved.
13:49:57 >>MARTIN SHELBY: Mr. Chairman, this being a
13:49:59 quasi-judicial hearing, if council wishes to receive
13:50:04 and file any ex parte communication that is may have
13:50:07 been received that have been available for public
13:50:09 inspection in City Council's office --
13:50:13 >>CHARLIE MIRANDA: So moved.
13:50:15 THE CLERK: I just received communications from the
13:50:17 Tampa Bay marina.
13:50:19 >>MARTIN SHELBY: I believe it's also necessary,
13:50:21 council, to swear in the witnesses.
13:50:22 >>THOMAS SCOTT: Okay.
13:50:22 Anyone who wants to address council, will you please
13:50:28 stand and be sworn if you are going to be addressing
13:50:30 council this afternoon?
13:50:31 Please stand to be sworn.

13:50:33 If you are going to be addressing council, please
13:50:35 stand and be sworn.
13:50:37 >>THE CLERK: Do you solemnly swear or affirm to tell
13:50:40 the truth, the whole truth and nothing but the truth
13:50:43 so help you God?
13:50:44 >>MARTIN SHELBY: Mr. Chairman, members of council.
13:50:47 Per council's rules, for quasi-judicial matters, the
13:50:51 following shall apply.
13:50:53 Only those who spoke -- ladies and gentlemen?
13:50:57 Only those who spoke at the original hearing are
13:50:59 permitted to testify.
13:51:01 Staff shall present the procedural history of the case
13:51:04 to City Council.
13:51:05 The petitioner or appellant shall limit his or her
13:51:07 argument to 15 minutes.
13:51:09 The appellant may yield time to persons offering
13:51:12 testimony in support.
13:51:14 Those persons opposed to the appeal shall speak for no
13:51:17 more than 15 minutes in total.
13:51:18 Speakers are limited to three minutes each unless
13:51:21 otherwise designated by City Council.
13:51:23 Finally, the appellant shall have three minutes for

13:51:26 rebuttal.
13:51:27 Thank you.
13:51:37 >>ERNEST MUELLER: Assistant city attorney.
13:51:51 Today, you have before you the appeal of variance --
13:51:55 the variance review board's denial of case VRB-08-61.
13:52:01 The property in this appeal is located at 2117 Rio
13:52:05 vista Avenue, and the applicant and property owner is
13:52:08 Mr. Chris Maccaron.
13:52:17 The variance request was to reduce the west side yard
13:52:19 setback from seven feet to zero feet with the allowed
13:52:20 encroachment of the eave and gutters in order to
13:52:22 retain a retain an existing carport and deck.
13:52:24 The VRB denied the hearing on the basis that the
13:52:27 applicant Mr. Maccaron did not meet the burden of
13:52:30 proof with regard to the hardship criteria set in
13:52:34 Tampa city code 17.5-74.
13:52:37 Now, to remind council, there will be no new evidence
13:52:41 presented to you today, and your actions shall solely
13:52:43 be based upon the record created during the variance
13:52:46 review board hearing.
13:52:49 Neighbors concerned, individuals that testify before
13:52:52 you on this appeal, they must have testified at the

13:52:54 variance review board, and their testimony must be
13:52:56 limited to what they testified at the variance review
13:52:59 board.
13:53:00 In reviewing the Variance Review Board's decision,
13:53:03 this council shall determine whether the decision was
13:53:06 supported by competent, substantial evidence, whether
13:53:09 the applicant Mr. Maccaron was afforded due process,
13:53:13 whether the Variance Review Board observed the
13:53:16 essential requirements of the law.
13:53:17 At this time I'll turn the podium over to Mr. Maccaron
13:53:21 to present his case.
13:53:25 >>> Good afternoon.
13:53:27 Okay.
13:53:28 Unfortunately, I asked my neighbors of 15 years to
13:53:32 come with me again today.
13:53:33 Okay.
13:53:37 Roberto, Haiti, was hurt bad yesterday, went to the
13:53:48 hospital.
13:53:50 My deck in question.
13:53:51 This thing has caused me terrific hardship.
13:53:54 I was tagged for not having permitted an upstairs room
13:53:56 that was part of the house when I got it.

13:53:58 I used the room.
13:53:59 I had a deck added on so I could fit there.
13:54:02 After I had went through everything the city had asked
13:54:05 me, I had gotten permits, it's all been COed, the city
13:54:09 could not find the COs when I was here.
13:54:12 They did not have a Spanish translator so they could
13:54:15 not hear the bordering neighbor's testimony saying it
13:54:19 was in effect not bothering them.
13:54:20 Everything here has caused me terrible hardship.
13:54:22 I'm about to move back into the house.
13:54:24 I have lost my other house.
13:54:25 I am going to lose my other house.
13:54:27 Construction has been down so terrible that I'm having
13:54:31 a hard time just feeding my six children.
13:54:33 I have neighbors here behind me that hate me.
13:54:35 They have only been in and out two years.
13:54:37 I have two other neighbors been here for 15 years or
13:54:39 better with me that love me.
13:54:41 And they are fantastic people and I love them.
13:54:44 Now, all I want to do is I'm pleading with this court,
13:54:48 I can't afford to do anything different.
13:54:50 I have six children.

13:54:51 I need this room.
13:54:52 I need the space.
13:54:55 What I'm asking for is a solution.
13:54:56 If they don't like the door I'll remove the door, I'll
13:54:59 put a fence back so -- because that was one of the
13:55:02 questions of the variance board, said they didn't like
13:55:04 the door there. I'll remove the door and put a
13:55:06 stockade fence if that please it is court.
13:55:09 I want to do everything I can to please the court
13:55:10 here.
13:55:11 But it's like I'm a little mad.
13:55:14 I don't know.
13:55:14 This is very awkward for me to be here in front of you
13:55:17 all, okay?
13:55:18 These people behind me, their whole lives are involved
13:55:22 right now with attacking me.
13:55:24 My neighbors next door threatened me with a gun last
13:55:27 night.
13:55:27 Police were there.
13:55:28 It's very ugly.
13:55:30 These people have been with me over 15 years, they
13:55:32 lover me.

13:55:33 These guys here in and out two years and they are very
13:55:36 ugly to me.
13:55:36 I just want justice.
13:55:38 I need some help here.
13:55:39 I said this deck is not offensive to anybody.
13:55:42 Bordering neighbors do not mind it.
13:55:44 It's a carport, it's done easily.
13:55:47 I showed all that.
13:55:48 I cannot use my upstairs that was permitted and
13:55:51 inspected and the deck was inspected and passed.
13:55:54 They asked for a couple of things on a handrail that
13:55:56 was replaced.
13:55:57 Eric Cotton told me if I leave the handrail he would
13:55:59 probably be cool on the setbacks, okay.
13:56:01 I will do anything.
13:56:03 I'm just begging pleas don't make me tear it down that
13:56:07 I put so much nice work to. This thing really
13:56:10 enhanced the house.
13:56:11 I asked for people to come and just look at it, you
13:56:13 know.
13:56:14 The stuff that's complained here really has nothing to
13:56:18 do with this deck.

13:56:18 It has to do with people not liking us.
13:56:22 And I'm sorry.
13:56:23 I'm sorry I have got to bring my good neighbors here
13:56:26 to say this.
13:56:27 It's very embarrassing I have to ask them such a
13:56:29 thing.
13:56:30 Okay.
13:56:30 I guess that's an opening statement.
13:56:44 >>MARY MULHERN: I have a question for legal.
13:56:45 Can I ask a question of legal?
13:56:47 >> Yes, okay.
13:56:47 >>MARY MULHERN: Can there be new testimony that we
13:56:50 didn't hear at the variance review?
13:56:54 >> No.
13:56:54 No.
13:56:56 The witness last night shouldn't --
13:56:58 >> It's a marriage.
13:57:01 >>MARY MULHERN: If an individual didn't speak at the
13:57:03 first hearing then we can't hear them today, is that
13:57:05 right? So Mr. Maccaron, were the people that you are
13:57:09 bringing now here at the first hearing?
13:57:12 >> Okay, I'm going to answer that.

13:57:14 Roberto here is Haiti's husband.
13:57:16 He was here that night.
13:57:19 She's unidentified female in the transcript.
13:57:23 But she went in an ambulance yesterday.
13:57:26 But Roberta was here that evening, he was here and
13:57:29 he's -- and he owns the house.
13:57:32 >> But they didn't speak?
13:57:33 >> I don't believe Roberto spoke.
13:57:35 He does not speak good English.
13:57:37 They had no translator.
13:57:38 We had nobody here that speaks Spanish.
13:57:43 Haiti speaks broken English.
13:57:46 >>MARY MULHERN: I just watched the tape and there was
13:57:48 a woman who I don't see here.
13:57:51 Is that who --
13:57:52 >>> She went in the hospital by ambulance.
13:57:54 >> There was a translator for her.
13:57:56 >> They had a broken translator.
13:57:58 We had to go dig someone out of the crowd for a
13:58:00 translator. That is what we did there.
13:58:02 >> There was a translator here though?
13:58:04 >> No.

13:58:05 There was no one that -- she translated what she
13:58:08 wanted to say.
13:58:09 We requested one.
13:58:10 Today I requested one specifically.
13:58:12 >> Who was the translator I saw?
13:58:16 >> Somebody in the audience we picked, that we had
13:58:18 somebody, and it was definitely not somebody who was
13:58:21 able to ask questions that needed to be addressed at
13:58:23 that point.
13:58:25 Okay.
13:58:26 Like I said, they are married.
13:58:29 He is definitely her husband.
13:58:30 He's lived there over ten years.
13:58:32 He's here tore say what his property is doing.
13:58:34 And he is part of that marriage.
13:58:36 I don't see what the problem is there.
13:58:37 If not we need to postpone this until Haiti can come
13:58:40 out of the hospital and be here.
13:58:43 >>THOMAS SCOTT: The problem we have, and council needs
13:58:46 to address this.
13:58:47 Generally, I know county commission, even if a person
13:58:51 is a party of record, they cannot -- they can only say

13:58:53 what was said at the hearing.
13:58:56 They can only speak to the record.
13:58:57 Anything new or anything outside of that.
13:59:00 Now, the question is, whether this gentleman was a
13:59:03 party of record, party of record.
13:59:05 If not, then he can't even speak.
13:59:08 And I understand --
13:59:11 >>> His wife was --
13:59:13 Sir, it doesn't matter.
13:59:14 We have to follow the code, we have to follow the
13:59:16 ordinance, we have to follow the law.
13:59:18 And that's what if this goes to court that's what's
13:59:21 going to stand out.
13:59:22 >>> Can we postpone this till Haiti gets better and
13:59:25 comes in? Because where these folks, the bordering
13:59:29 neighbors, and they are absolutely, you know, either
13:59:33 that, unless there's a solution here where Eric says
13:59:36 where I move the stairs and move the door and you guys
13:59:39 are cool with that.
13:59:40 I just need --
13:59:41 Mr. Miranda?
13:59:42 >>CHARLIE MIRANDA: I certainly have compassion for

13:59:44 what Mr. Maccaron just finished saying from his
13:59:47 beginning.
13:59:48 But the only advice I can give you, sir, is you stick
13:59:50 to the record, to whatever was said on that day.
13:59:54 We are not here talking about your six children.
13:59:56 God bless you that you have six good kids.
13:59:59 That's not part of the record.
14:00:01 What's of record here is on that address, and what
14:00:04 happened throughout the process, with or did not
14:00:09 happen with the city.
14:00:10 They do have all the proper things.
14:00:14 Did this city approve all that.
14:00:16 So we are not here to count heads for how many showed
14:00:19 up for one side or the other.
14:00:55 (Speaking Spanish).
14:01:03 >> Thank you very much.
14:01:04 He said he did not speak on that evening.
14:01:06 I'm trying to keep both sides here.
14:01:07 This is not about good neighbor, bad neighbor.
14:01:10 I wanted you all to leave here as friends.
14:01:12 But in the meantime we have to abide by the code,
14:01:15 because if we don't abide by the code we are wasting

14:01:17 your time and the other people's time and our time.
14:01:20 >>> Yes, sir.
14:01:20 >> So we have to consider only what's before us, not
14:01:23 your family history, not what you have done.
14:01:26 And I know things are tough, and they are going to get
14:01:28 tougher.
14:01:28 I hope they get much better soon.
14:01:31 But I would be a real optimist to tell you that's
14:01:34 going to happen.
14:01:34 So what I am trying to say is, let's get this thing
14:01:38 either going, or move it up to a further date, because
14:01:42 I don't want the record to be -- the way I look at
14:01:45 this, this is not going to end here either.
14:01:47 So I would like to work this thing out, to either
14:01:50 postpone it.
14:01:52 One is asking for a postponement.
14:01:54 I don't know what the opposition may ask or not ask or
14:01:57 not agree to.
14:01:58 And we haven't heard that statement.
14:01:59 So at this time, one of the persons who responsible,
14:02:02 who can only speak on what they said at the time they
14:02:05 were here, will have to be here if he wants to present

14:02:08 it on the record.
14:02:09 >>THOMAS SCOTT: Right.
14:02:11 >>CHARLIE MIRANDA: However, that testimony we are
14:02:13 going to read about, or we already read about and we
14:02:16 already saw on video and those are the things we are
14:02:18 here to listen to.
14:02:20 Thank you, Mr. Chairman.
14:02:21 >>THOMAS SCOTT: I guess I need to hear from counsel
14:02:24 because he's requesting a continuance at this point.
14:02:26 He's requesting continuance because his witness is not
14:02:29 here.
14:02:30 So legal?
14:02:33 >>MARTIN SHELBY: I believe he's asking, if I
14:02:34 understand, Mr. Chairman, he's asking for a
14:02:36 continuance, and I believe the basis -- correct me if
14:02:41 I am wrong, sir -- is you are saying that due process
14:02:43 was not afforded because a translator was not present
14:02:47 at the time of that hearing.
14:02:48 Is that what you are saying?
14:02:49 >>> That's correct, sir.
14:02:50 >>THOMAS SCOTT: And his witness is not here he says.
14:02:52 >>MARTIN SHELBY: His witness is not here today.

14:02:54 Now, if council wishes to have -- to grant a
14:02:59 continuance, I'm not aware of any burden by this
14:03:03 council absent notice to this council in advance that
14:03:07 a translator is required, that this board is under any
14:03:12 obligation to not knowing this afternoon they would
14:03:16 need a Spanish translator, have one present for the
14:03:18 hearing.
14:03:18 So as to whether it's a due process issue, that might
14:03:22 need to be addressed, if it wishes to go through,
14:03:29 ultimately his argument.
14:03:30 If it's a desire to have a continuance so that his
14:03:32 witness who he claims is unavailable, it will still be
14:03:36 his obligation to bring a translator.
14:03:39 I don't think it's this board's obligation to provide
14:03:41 one, unless this board now on notice wishes to obtain
14:03:44 one.
14:03:45 >>GWEN MILLER: We have one.
14:03:48 >>CHARLIE MIRANDA: I can't be one.
14:03:50 I can't hear the case and be a judge at the same time.
14:03:54 >>MARTIN SHELBY: If the board does entertain your
14:03:56 request for a continuance, it will be your obligation
14:03:58 to have a translator here for your purposes to present

14:04:01 your case.
14:04:02 That translator testifying that they will translate
14:04:04 from Spanish to English and English to Spanish
14:04:07 accurately under oath.
14:04:08 They would have to do that.
14:04:11 >>> That would be a certified translator or not?
14:04:14 >>MARTIN SHELBY: This being quasi-judicial I don't
14:04:16 know if it has to be certified.
14:04:18 It hasn't come up before but I certainly would think
14:04:20 that the translator would have to be oath that they
14:04:22 are translating accurately.
14:04:24 Now if council wishes -- obviously if there's anybody
14:04:26 in opposition to that, then you would have to hear
14:04:28 that as well.
14:04:31 >>MARY MULHERN: I think the question -- a couple of
14:04:34 the questions, he's saying that at the Variance Review
14:04:37 Board, was it the Variance Review Board that ruled on
14:04:42 this, that there was not a translator available on
14:04:45 that day.
14:04:46 So is that the question?
14:04:47 Because -- and then the other question is, the witness
14:04:51 who he wants to testify today has already spoken.

14:04:57 And we have that on the record.
14:05:00 So if we can't hear any new testimony, do we really
14:05:07 have any reason to continue?
14:05:10 To continue this to another date?
14:05:11 >>> If I may speak.
14:05:16 I feel there will be a motion from my neighbors who
14:05:18 love me and I feel you will hear what my neighbors
14:05:21 have to say who does not hate me.
14:05:25 >>CHARLIE MIRANDA: I am going to rule this out of
14:05:27 order.
14:05:27 I have know authority.
14:05:29 We are not here about making love and not here about
14:05:31 throwing rocks at anybody.
14:05:33 We are here on the record, what happened and what did
14:05:35 happen. In fact if you want to go further that
14:05:36 gentleman that spoke will more than likely not be able
14:05:39 to speak again because he didn't speak in the first
14:05:41 hearing.
14:05:41 >>> Yes, sir.
14:05:43 >> You didn't speak with or without a translator and
14:05:46 you said there was a translator available.
14:05:48 Maybe you didn't like that person or you didn't know

14:05:49 who that person was but he had the ability to speak
14:05:52 and he then chose not to.
14:05:53 So what I am saying is, let's not talk about hate.
14:05:56 Let's not talk about love.
14:05:57 Let's talk what's on the record.
14:06:00 >>> Absolutely.
14:06:00 I understand.
14:06:03 >>THOMAS SCOTT: I guess my question to legal is does
14:06:06 he have a right under due process to request a
14:06:07 continuance, and that he's citing that his witnesses
14:06:11 are not here.
14:06:12 That's the question to the city attorney.
14:06:15 >>MARTIN SHELBY: Unless you disagree with me, the
14:06:19 answer would be that, yes, he does have that right, if
14:06:22 that witness is unavailable today, and he intends to
14:06:24 have that witness testify, and you say that witness
14:06:27 cannot be here because that witness is hospitalized?
14:06:29 Is that correct?
14:06:30 >>> Yes, sir.
14:06:34 An ambulance came to the house yesterday.
14:06:39 These folks are pretty old.
14:06:43 >>MARTIN SHELBY: So the answer would be -- do you

14:06:45 disagree with me, Mr. Mueller? Feel free if you do.
14:06:48 >>ERNEST MUELLER: I think as stated already, remember,
14:06:55 we can't add anything new in.
14:06:57 What this person that's missing would have to say
14:06:59 would be what's already in the record.
14:07:01 That's provided.
14:07:03 I don't necessarily think it's a due process violation
14:07:08 if this witness is not here when we already had in the
14:07:11 record what the testimony is.
14:07:14 I think it's to the discretion of the board whether or
14:07:16 not he wants to entertain or grant the request.
14:07:21 >>MARTIN SHELBY: The only concern that I would have is
14:07:23 if that particular witness who was present at the
14:07:25 hearing would offer any testimony with regard to
14:07:30 whether the board's decision was supported by
14:07:32 competent substantial evidence, whether due process
14:07:34 was accorded and whether the essential requirements of
14:07:37 law everybody observed.
14:07:38 That's relevant.
14:07:38 And if that's something -- if the purpose of the
14:07:41 witness is just to reiterate that which is already on
14:07:44 the record, it's redundant and is not necessary.

14:07:48 I have no idea, and he has not proffered what that
14:07:51 witness is going to testify to.
14:07:53 So it may be relevant to this council standard of
14:07:56 review.
14:07:57 Maybe something in addition to the record that goes
14:07:59 through helping you decide whether or not those
14:08:02 burdens have been met.
14:08:03 Without knowing what that witness will testify to, I
14:08:08 can't say that that witness' testimony would be
14:08:12 redundant.
14:08:13 >>MARY MULHERN: I just want to really understand this.
14:08:16 So his witness who spoke at the first hearing could
14:08:22 speak to different facts?
14:08:26 Say something new that she didn't say at the first
14:08:28 hearing?
14:08:29 >>MARTIN SHELBY: No, she can be a witness to what took
14:08:33 place at the VRB that caused error that would require
14:08:37 this board, if it finds that to be competent
14:08:41 substantial evidence to send it back.
14:08:46 >>CHARLIE MIRANDA: Mr. Chairman, I'll ask the legal
14:08:48 department for a cursory review of page 20 and 21.
14:08:51 I think there is where the translator came in, I

14:08:58 believe, and then, Good morning, my name is Sonya
14:09:03 Allen, and so forth, all right, and she agreed to
14:09:09 that.
14:09:09 I think it was Ms. Allen, I'm not sure.
14:09:11 But then 20 and 21 if I may start with the
14:09:14 questioning, it says: Thank you very much.
14:09:16 We'll start now in Spanish.
14:09:18 Good evening, in Spanish.
14:09:20 I'm a neighbor, in Spanish.
14:09:22 I know the name, in Spanish.
14:09:27 Stairs, upstairs, in Spanish.
14:09:29 Am I following this correctly?
14:09:30 >>SAL TERRITO: Legal department.
14:09:31 I was hearing examiner 12 years and I have come across
14:09:35 this issue before.
14:09:36 I know the concern you have.
14:09:37 This translation may not be an accurate translation.
14:09:40 You can't tell from here if they grab somebody from
14:09:42 the audience.
14:09:43 There's nothing indicating that that translator was
14:09:45 sworn in.
14:09:45 So you don't have sworn testimony.

14:09:46 I think it will be fair to allow this gentleman to ask
14:09:50 for a continuance, have his witness come back, who
14:09:53 spoke at that time, and have an accurate translation
14:09:56 done at that time, so you know exactly what that
14:09:58 witness is testifying to.
14:10:00 Now you have no way of knowing that from the
14:10:02 transcript.
14:10:02 Also, what you don't have in front of you is the
14:10:05 demeanor of that witness.
14:10:06 If you have a disk, then you have a demeanor there,
14:10:10 but the issue that I have is this translation may not
14:10:12 be accurate because you grab somebody from the
14:10:14 audience.
14:10:14 They may have been a very, very good translator but
14:10:16 you can't tell that, plus the translator wasn't sworn
14:10:19 in.
14:10:19 I think on that basis you have the authority, not the
14:10:21 necessity, but you have the authority to grant the
14:10:23 continuance if you wish.
14:10:24 >>CHARLIE MIRANDA: Mr. Chairman, continue this
14:10:27 according to what Mr. Territo just said.
14:10:29 Am I assuming when we continue it, we continue this at

14:10:33 page 20 and 21 so the ones that the translator is
14:10:36 going to speak to the party who spoke, and the
14:10:39 comments on page 20 and 21.
14:10:42 >>> Is that addressed to me, sir?
14:10:45 >> Yes, sir.
14:10:45 >>> 20 and 21?
14:10:47 >>CHARLIE MIRANDA: Yes, sir. I want to make sure
14:10:51 where I am at.
14:10:52 >>> Are we reading out of the transcript?
14:10:54 >> Yes, sir.
14:10:54 >>> Everything there, and that's me.
14:11:00 >> 20 and 21, that's you?
14:11:02 >>> Yes, that's what I'm reading on these numbers.
14:11:09 >> Line 20 or 21.
14:11:15 What had happened here, she had nobody to communicate
14:11:17 to.
14:11:18 >>CHARLIE MIRANDA: I'm not asking that question.
14:11:20 What I'm asking is, are these the questions that your
14:11:23 client -- or not your client, excuse me -- your
14:11:27 neighbor was asked and these are the response?
14:11:29 I don't have the question.
14:11:30 I have the answers.

14:11:34 >>> Okay.
14:11:34 They weren't translated properly.
14:11:36 >> Well, this is on the record.
14:11:38 This is all that we are going to speak about.
14:11:40 >> Okay.
14:11:41 What was asked here, we had somebody, they had asked
14:11:44 Haiti was, do you have a problem with anybody?
14:11:46 She goes, I have no problem with nobody.
14:11:48 >> I understand.
14:11:49 I understand, sir.
14:11:50 But what I'm trying to say is, when this person gets
14:11:54 here, this is what we are going she's going to speak
14:11:58 to.
14:11:58 >>> Yes, sir.
14:11:59 She'll be able to answer that question.
14:12:02 >> I know you are excited and I know you are nervous,
14:12:04 and I appreciate all that.
14:12:05 But I got to ask that question.
14:12:07 Thank you, Mr. Chairman.
14:12:10 >>THOMAS SCOTT: Mr. Maccaron, you can be seated,
14:12:16 please.
14:12:16 What's the pleasure of the board?

14:12:18 >>CHARLIE MIRANDA: Well, on the advice of our chief of
14:12:23 the assistant city staff, Mr. Sal Territo, there is no
14:12:32 reason not to give a continuation, to make the record
14:12:35 clear, to make sure that that party has been properly
14:12:38 sworn in, and that the questions asked were from a
14:12:42 translator, and in this case would have to be
14:12:44 supported and paid for, or friend, whatever it is,
14:12:48 from the person bringing in to Mr. Maccaron in this
14:12:53 case, that he is the one that's responsible for
14:12:56 bringing in a translator.
14:12:58 And then when that happens, we are going to need our
14:13:02 own translator.
14:13:03 So I'm just letting you know that I can't be the
14:13:05 translator for the council because I'm going to vote
14:13:08 on it.
14:13:08 And that's my opinion to myself.
14:13:10 So I don't want to mislead anyone.
14:13:12 I think we also have to have a translator.
14:13:15 >>THOMAS SCOTT: Well, we need a translation for
14:13:19 council.
14:13:19 I don't feel comfortable, you know, bringing in his
14:13:22 own translator.

14:13:23 I don't feel comfortable with that.
14:13:24 It needs to be somebody who is unbiased in this whole
14:13:27 process.
14:13:35 >> (speaking from floor).
14:13:37 >>THOMAS SCOTT: Speak on the record.
14:13:38 >> My name is Maggie and I was sworn in.
14:13:41 I'm a city employee, and I was asked by City Council
14:13:43 to be here to translate.
14:13:46 By the city clerk's office.
14:13:47 >>THOMAS SCOTT: Okay.
14:13:48 Great.
14:13:49 So you will be here next time should we continue this?
14:13:52 >> If you need me, I can.
14:13:53 >>THOMAS SCOTT: Okay.
14:13:54 So there's a motion by Mr. Miranda.
14:13:57 Is there a second?
14:13:58 >> Second.
14:13:58 >>THOMAS SCOTT: Let me hear from the neighbors.
14:14:00 I need the neighbors to come speak to the continuance.
14:14:04 State your name and address on the record.
14:14:05 >> reply name is Jeff Edmund son, 2118 Rio vista
14:14:10 Avenue West and good afternoon to everybody.

14:14:12 From our standpoint, we have been working at this and
14:14:15 deal with this.
14:14:17 Unfortunately I'm not sure where Mr. Maccaron gets two
14:14:20 years.
14:14:21 We have owned the property for 17 years and were there
14:14:23 prior to Mr. Maccaron purchasing that home.
14:14:25 We also submitted pictures of what that home looked
14:14:27 like when Mr. Maccaron purchased it.
14:14:32 And as far as the testimony that's on the record, you
14:14:34 can continue it, or we are willing to accept it the
14:14:37 way that it is.
14:14:38 It makes no difference to us.
14:14:39 Right now, I think Code Enforcement Board has fined
14:14:44 him $150 --
14:14:46 >>MARTIN SHELBY: Sir, the question that you have, are
14:14:49 you okay with the continuance or do you object to the
14:14:51 continuance?
14:14:51 >>> Oh, no, whichever is easiest for the court and for
14:14:55 Mr. Maccaron.
14:14:56 We can continue or we can accept her testimony.
14:15:01 Because it's on record.
14:15:02 >> Don't go into the merits.

14:15:06 >>> No, I'm not going anywhere except the man standing
14:15:09 here now, the husband, he wasn't here the first time
14:15:12 we were here.
14:15:12 >>THOMAS SCOTT: Okay.
14:15:13 Thank you very much.
14:15:16 >>> My name is Jerri Edmundson.
14:15:21 I live at 2118.
14:15:25 I do have an objection because unfortunately I have
14:15:27 been terrorized by Mr. Maccaron.
14:15:30 I have had a restraining order put against Mr.
14:15:32 Maccaron previously, and if I came to City Council or
14:15:37 to any member of the Code Enforcement Board.
14:15:39 So I have a problem being in the same room with him
14:15:41 let alone seeing him in our neighborhood.
14:15:43 He doesn't live across the street from us, he lives
14:15:45 about -- but I do have a problem, the testimony that
14:15:50 he gave today was again false, she was out walking her
14:15:57 dog so I don't know why she didn't come now.
14:16:00 I think it's another shell game.
14:16:02 >>THOMAS SCOTT: Well, the problem with that, everybody
14:16:03 has been sworn so I don't know what action can be
14:16:05 taken on giving false testimony so that's a whole

14:16:09 other issue.
14:16:10 >>> The last testimony, and just today, I counted 56
14:16:16 lies within the last testimony because I have a copy
14:16:18 of it.
14:16:18 >>THOMAS SCOTT: Okay, ma'am.
14:16:19 Thank you.
14:16:19 Thank you.
14:16:21 There's a motion on the floor.
14:16:22 Motion made by councilman Miranda, seconded by
14:16:25 Councilwoman Mary Mulhern to continue it.
14:16:30 >>MARY MULHERN: Can we continue this with the
14:16:34 understanding that if the appellant doesn't bring a
14:16:39 translator --
14:16:41 We have a translator.
14:16:43 The city translator.
14:16:44 Lady came up there and spoke.
14:16:46 >>GWEN MILLER: City translator.
14:16:47 >>THOMAS SCOTT: Turn around so she can see you.
14:16:50 >>MARY MULHERN: I thought he would bring a translator
14:16:52 and then she would be our translator.
14:16:54 >>THOMAS SCOTT: No.
14:16:54 She's going to translate for us.

14:16:57 >>MARY MULHERN: So then can we make this contingent on
14:16:59 the witness who was in the hospital and not here today
14:17:04 has to be here, and if she is not here we'll still
14:17:08 hear it?
14:17:09 >> Whether she's here or not next time, we will hear
14:17:13 the full case.
14:17:14 Okay?
14:17:14 >>CHARLIE MIRANDA: Can't be October 2nd, I'll tell
14:17:20 that you.
14:17:22 >>THOMAS SCOTT: Oh, goodness.
14:17:26 Clerk?
14:17:27 Did K help us out on any date?
14:17:36 >>LINDA SAUL-SENA: Unless you wanted to do it prior to
14:17:51 one of our budget hearings because we have two budget
14:17:53 hearings.
14:17:53 >>THOMAS SCOTT: No.
14:17:59 >>CHARLIE MIRANDA: Even in September.
14:18:08 >>LINDA SAUL-SENA: October 16th.
14:18:11 >>THOMAS SCOTT: 16 October at 1:30?
14:18:14 16 October?
14:18:19 16th of October, 1:30.
14:18:22 There's a motion.

14:18:24 To continue it to October.
14:18:29 All in favor signify by saying Aye.
14:18:31 Opposes?
14:18:32 So moved.
14:18:38 >>MARTIN SHELBY: The hearing is being continued today
14:18:39 to a date and time certain.
14:18:41 You will not receive any additional notice from this
14:18:43 board to be here on that date.
14:18:44 So, sir?
14:18:47 What's your name?
14:18:48 >>THOMAS SCOTT: Mr. Maccaron?
14:18:52 >>MARTIN SHELBY: Just a reminder, you will not receive
14:18:54 notice from this board as to the date of that
14:18:55 continuance.
14:18:56 I suggest you mark it down, anybody who intends to be
14:18:58 here.
14:18:59 That's October 16th at 1:30 in the afternoon on
14:19:04 Thursday.
14:19:07 >>THOMAS SCOTT: Okay.
14:19:08 Motion to receive and file.
14:19:09 >> So moved.
14:19:11 >> Second.

14:19:11 (Motion carried).
14:19:13 >>THOMAS SCOTT: Anything else?
14:19:16 >>MARTIN SHELBY: Council, pursuant to council's
14:19:17 direction, I did have the opportunity to speak to
14:19:20 chief of staff Darrell Smith, and to Lowry Park during
14:19:24 the firefighters union.
14:19:26 I will relay both positions.
14:19:28 Obviously I am neutral, and not in any particular
14:19:32 order.
14:19:32 What I have been asked to relay is that the
14:19:35 firefighters union would prefer the date that has been
14:19:38 already set of Friday, August 22nd at 10 a.m.
14:19:45 And the reasons for that were relayed to me because
14:19:49 the date was already changed, and it has been set.
14:19:53 There are witnesses who are going to -- support coming
14:19:58 from out of the city.
14:20:00 As I recall it's an accountant from Miami.
14:20:03 The other reason that they are requesting it to be
14:20:05 held for that date is Mr. Parker informed me that the
14:20:10 union requires the contract be ratified before
14:20:13 September 30th.
14:20:15 And having this pushed into September will then create

14:20:18 additional difficulty for the union, and fulfilling
14:20:23 its obligations to its members.
14:20:25 That's what was in effect related to me by Mr. Parker.
14:20:27 So their position is, if there is going to be a full
14:20:30 council on that date, if there's not, then obviously
14:20:32 that's a different issue.
14:20:34 But assuming there's a full council on that date and
14:20:36 all indications there is or will be, the firefighters
14:20:38 union prefers that date.
14:20:40 Mr. Smith related to me that the administration is
14:20:43 making a request of this City Council to move this
14:20:46 hearing to September 4th at 10 a.m.
14:20:51 And the reasons for that are again what Mr. Smith
14:20:57 relayed to you this morning that it is the
14:20:58 administration's position that the firefighter --
14:21:03 Chief Jones should be present for that hearing, and
14:21:07 that it would be important for him to attend, and that
14:21:11 Mr. Smith asked me to relay to council the importance
14:21:14 of the chief's presence at the strategic retreat, I
14:21:23 believe it's called a retreat, that he be there with
14:21:27 his leadership.
14:21:29 So that being the case, and I hope I am relaying it

14:21:34 accurately, but I believe that is the position of both
14:21:37 the firefighters and the administration.
14:21:38 It's council's pleasure.
14:21:39 >>LINDA SAUL-SENA: Thank you.
14:21:42 Mr. Shelby, at our previous meeting last week woo when
14:21:44 we were trying so very hard to find a date that would
14:21:50 work for everyone and we came up with the date of the
14:21:53 22nd, didn't Mr. Darrell Smith say that that date was
14:21:56 acceptable to the administration?
14:21:59 >>> I'm trying to recall it exactly.
14:22:01 I don't know whether he had been in touch.
14:22:03 I know I have been in contact --
14:22:06 >> He said it was okay.
14:22:07 He mate not have spoken to the fire chief, I mean, I
14:22:10 don't know.
14:22:10 But you came back to us and said this date is okay if
14:22:12 it's okay --
14:22:13 >>> I believe somebody had said that he had contacted
14:22:18 somebody.
14:22:18 My phone was not working at the time, the last time,
14:22:21 so I can't relay that personally.
14:22:23 But my understanding was that that date, he was going

14:22:28 to work to make that date acceptable.
14:22:29 I really can't recall, because I don't believe Lowe I
14:22:33 recall specifically he was going to call me, my cell
14:22:36 phone battery died that evening and somebody else
14:22:38 relayed the message from the council office.
14:22:43 >>MARY MULHERN: Okay.
14:22:44 I know that we got that message, and we must have been
14:22:48 sure he said it was okay because we all agreed to
14:22:51 change the date to that date, which was possible for
14:22:54 the administration.
14:22:57 I feel that we should -- I think we should keep the
14:23:00 old dated because we are talking about public
14:23:03 facilities been notified, the union, the accountant
14:23:08 from out of town as opposed to the fire chief and
14:23:11 maybe a few other people adjusting their schedule, if
14:23:15 they choose to be here.
14:23:17 I don't know that there's any official reason for the
14:23:22 fire chief to be here, because the negotiation is
14:23:25 between the union and the administration, I believe.
14:23:31 So, I mean, do you know if the fire chief -- he won't
14:23:35 be testifying or have any part of the hearing, will
14:23:38 he?

14:23:39 >>MARTIN SHELBY: I'm not in a position to say.
14:23:42 >>MARY MULHERN: How about Sal?
14:23:43 >>THOMAS SCOTT: He doesn't know.
14:23:47 >>SAL TERRITO: Repeat the question, please.
14:23:49 I was talking to someone.
14:23:50 >>MARY MULHERN: Is the fire chief -- is there even an
14:23:54 opportunity for him to testify at the hearing on the
14:23:59 contract?
14:24:00 >>SAL TERRITO: I'm assuming that the administration
14:24:01 can put on their side of the issue the same way the
14:24:04 favorites union can put on their side.
14:24:06 Who they are going to choose, I don't know.
14:24:07 I think it's the administration's choice who they have
14:24:11 advocate.
14:24:11 It's going to come before you, I assume it's going to
14:24:13 be someone arguing why you should say one side over
14:24:18 the other so I'm assuming they have that option.
14:24:22 >>THOMAS SCOTT: In observation I would say we select
14:24:24 board of director three dates.
14:24:25 One of the dates selected, I was told that they were
14:24:34 going to be on vacation, and Mr. Gonzalez, so we
14:24:37 changed that date.

14:24:38 We had another issue.
14:24:39 We have just been going back and forth.
14:24:41 And the last thing was the 22nd, I said make sure
14:24:44 everybody check their calendar, and everybody we
14:24:46 contact and we were told the 22nd, okay?
14:24:49 Now we come back, and I even moved a doctor's
14:24:53 appointment.
14:24:55 And so now we are saying that the chief can't be here.
14:24:58 I raised a question this morning, because it was my
14:25:00 understanding that was important for Mr. Gonzalez who
14:25:08 is the labor attorney, the key person.
14:25:11 I see no reason why --
14:25:13 >>MARY MULHERN: I'm going to move to keep the August
14:25:16 22nd date and hope that if the fire chief needs to be
14:25:25 here that he can rearrange his schedule instead of
14:25:29 seven of us and the union, and their membership.
14:25:33 >>LINDA SAUL-SENA: Second.
14:25:37 >>THOMAS SCOTT: Do we need to take a motion?
14:25:39 The motion is already out there.
14:25:41 >>MARY MULHERN: Okay.
14:25:42 >>THOMAS SCOTT: I don't know if we need to take a
14:25:44 motion.

14:25:44 It's already set.
14:25:45 Date and time is already set.
14:25:47 We have not changed that.
14:25:48 So we just need to just confirm the fact that we are
14:25:51 moving forward with the 22nd.
14:25:55 >> Do we need to take a vote?
14:25:57 >>CHARLIE MIRANDA: Mr. Chairman, I can't tell whether
14:25:59 you to take a vote or not.
14:26:00 But I think if we are going to hold through to the
14:26:02 August date, then I think you should have assurances
14:26:07 to say that's what we are going to do, even though it
14:26:09 may not be the correct way.
14:26:12 But at least it sends the persons that are involved,
14:26:17 on both sides, that that's the date we are holding to.
14:26:22 >>THOMAS SCOTT: Yes, sir.
14:26:22 >>MARTIN SHELBY: There is a motion on the floor, in
14:26:27 effect ratifying and affirm a previous decision
14:26:30 F.council feels it's appropriate --
14:26:32 There's a motion on the floor, been moved and second
14:26:35 by Councilwoman Mulhern, seconded by Councilwoman
14:26:40 Saul-Sena.
14:26:41 All in favor say Aye.

14:26:42 Opposes?
14:26:42 So moved.
14:26:43 Hearing has been set, reaffirmed.
14:26:49 August 22nd at 10 a.m. in these chambers.
14:26:53 August 22nd, 10 a.m.
14:26:55 Anything else needing to come before council?
14:26:57 >>THE CLERK: Item 38 you have to address the DRI
14:27:04 public hearing.
14:27:06 And you also on item 41 you just need to reschedule
14:27:09 that to September 18th.
14:27:15 >>THOMAS SCOTT: I thought we voted on those when we
14:27:17 voted on the changes.
14:27:18 >>THE CLERK: Item 38 is a public hearing.
14:27:20 >>LINDA SAUL-SENA: Move to open.
14:27:24 >> Second.
14:27:25 >>REBECCA KERT: Legal department, here on a proposed
14:27:28 change to the Westshore area-wide DRI and I have a
14:27:30 substitute ordinance.
14:27:38 >>THOMAS SCOTT: Okay.
14:27:42 >>REBECCA KERT: This notice of proposed change
14:27:43 proposes to amend the development order to allow for
14:27:47 impact fees collected in the Westshore area to be used

14:27:49 for roadway and transit purposes.
14:27:51 >>THOMAS SCOTT: Have you been sworn?
14:27:54 Everybody needs to be sworn again?
14:27:56 Please stand and raise your right hand.
14:28:00 (Oath administered by Clerk).
14:28:04 >>THOMAS SCOTT: Continue.
14:28:05 >>REBECCA KERT: Thank you.
14:28:08 To allow the impact money to be used for roadway and
14:28:12 impact purposes to the impact fee ordinance.
14:28:15 It also proposes to waive the Westshore alliance fee
14:28:18 and the neighborhood fee for affordable housing
14:28:20 project, and acknowledges a state granted extension to
14:28:24 the build-out date of three years.
14:28:26 That's basically the last one is just a clarification.
14:28:29 The state already granted that.
14:28:30 The change between the ordinance that you had
14:28:32 previously and the one that I just presented to you is
14:28:35 a clarification that the Westshore alliance five years
14:28:38 from the date that the ordinance passed will revisit
14:28:42 the issue of whether or not it's still appropriate to
14:28:45 waive the neighborhood fee for affordable housing
14:28:50 contract.

14:28:51 The city staff, DCA and Tampa Bay Regional Planning
14:28:53 Council had no objection to this change.
14:28:55 >>THOMAS SCOTT: Okay.
14:29:00 Petitioner.
14:29:00 >>DAVID MECHANIK: Attorney for the applicant Westshore
14:29:03 alliance.
14:29:03 We have nothing to add from Rebecca's presentation but
14:29:06 we'll be happy to answer any questions.
14:29:11 >>THOMAS SCOTT: Nothing to add?
14:29:12 Okay.
14:29:13 Public comment?
14:29:16 Public?
14:29:18 Close the hearing?
14:29:21 >>MARGARET VIZZI: 213 south Sherill.
14:29:23 I chaired the Westshore neighborhood improvement
14:29:25 committee.
14:29:26 That's part of the DRI that was put together for the
14:29:29 neighborhoods could manage what was going on and the
14:29:33 fund that they were referring to that would also be
14:29:38 allowed not to be collected for the affordable
14:29:41 housing, that Mr. Rotella attended our last meeting of
14:29:46 that committee, and presented this all to us, and we

14:29:50 did agree to support them in this effort, particularly
14:29:54 about using the impact fees or other -- the transit as
14:30:02 well as road improvement, but also to do away with the
14:30:08 five years, and that was something that they added as
14:30:12 part of our concerns as to how many of these
14:30:16 affordable housing units would come on, on board, that
14:30:21 would affect the neighborhood.
14:30:22 So it would be reviewed in five years.
14:30:24 So that's why that was added.
14:30:26 So we thank you for that.
14:30:27 But the committee does support their moving forward.
14:30:30 Thank you.
14:30:30 >>THOMAS SCOTT: Anyone else from the public?
14:30:32 Okay.
14:30:34 Councilwoman Saul-Sena.
14:30:34 >>LINDA SAUL-SENA: I just hope we are going to be able
14:30:37 to spend some of the transportation improvement money
14:30:39 on transit-friendly improvements and pedestrian.
14:30:44 All to the good.
14:30:45 Thank you for your leadership.
14:30:47 West shore community has really been city-wide leaders
14:30:49 in promoting pedestrian friendly and transit friendly

14:30:52 policy, and it's time for the rest of us to get on
14:30:57 with it.
14:30:57 >>THOMAS SCOTT: Motion to close?
14:30:59 >>CHARLIE MIRANDA: So moved.
14:31:00 >> Second.
14:31:00 (Motion carried).
14:31:01 >>THOMAS SCOTT: Okay.
14:31:07 >> Move the following ordinance of the City of Tampa
14:31:09 amending a development order pursuant to section
14:31:12 380.06 Florida statutes filed by the Westshore
14:31:16 alliance for the Westshore area-wide development of
14:31:19 regional impact DRI number 141, a previously approved
14:31:23 development of regional impact, providing an effective
14:31:24 date.
14:31:25 >>THOMAS SCOTT: Moved by Councilwoman Saul-Sena,
14:31:28 seconded by councilman Miranda.
14:31:31 All in favor signify by saying Aye.
14:31:33 Opposes?
14:31:33 So moved and ordered.
14:31:37 >>THE CLERK: Second reading adoption will be held on
14:31:39 August 21st at 9:30.
14:31:41 >>THOMAS SCOTT: August 21st at 9:30.

14:31:44 Mr. Rotella, August 21st.
14:31:46 Anything else need to come before us, ma'am?
14:31:48 >>THE CLERK: On item 41 you just need to make a motion
14:31:54 to reschedule.
14:31:55 >>THOMAS SCOTT: Motion to reschedule item 41.
14:31:57 >>: So moved.
14:31:59 >>THOMAS SCOTT: Second?
14:31:59 >> Second.
14:32:00 >>THOMAS SCOTT: September 18th.
14:32:02 >>CHARLIE MIRANDA: At 1:30.
14:32:03 >>THOMAS SCOTT: Moved and seconded.
14:32:04 All in favor signify but saying Aye.
14:32:07 Opposes?
14:32:07 So moved and ordered.
14:32:09 Anything else?
14:32:10 Okay.
14:32:11 Then we stand adjourned.
14:32:57 (City Council meeting adjourned at 2:33 p.m.)
14:33:01
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